Patna High CourtCR. MISC./33516/2016rejected

Shivadhar Giri v. The State Of Bihar

2016-08-31Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33516 of 2016 Arising Out of PS.Case No. -403 Year- 2015 Thana -DALSINGHSARAI District- SAMASTIPUR ====================================================== Shivdhar Giri, Son of Rajo Giri, Resident of Village- Armauli, Police Station- Dalsingsarai (Ghatho), District- Samastipur. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ajit Kumar, Advocate For the Opposite Party : Mr. Sri Chaubey Jawahar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 31-08-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew his prayer of bail which was earlier rejected vide order dated 18.05.2016 passed in Cr. Misc. No. 15067 of 2016, on the ground that the petitioner is in custody since 09.11.2015. There is no eye-witness of the occurrence and only on suspicion and due to previous enmity, as there is dispute regarding math, the petitioner has been implicated, to which learned A.P.P. opposes by submitting that the petitioner was last seen with the deceased with Bolero vehicle and he has forcibly taken away the deceased and further the petitioner has got criminal antecedent as he is involved in eleven more cases. The post mortem report also reveals that the cause of death has been

Patna High Court Cr.Misc. No.33516 of 2016 (2) dt.31-08-2016 2/2 found manual strangulation.

In the facts and circumstances stated above, finding no good ground for reconsideration of prayer of bail, again the prayer for bail of the petitioner stands rejected in connection with Dalsingsarai P.S. Case No. 403 of 2015 pending in the court of learned Additional Chief Judicial Magistrate, Dalsingsarai, District - Samastipur.

However, let the trial be expedited and concluded as early as possible.

(Jitendra Mohan Sharma, J.) Rajiv/- U T