Patna High CourtCR. MISC./53863/2016dismissed

Anarjeet Das v. The State Of Bihar

2017-01-28Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53863 of 2016 Arising Out of PS.Case No. -38 Year- 2012 Thana -KATRA District- MUZAFFARPUR ====================================================== Anarjeet Das, son of Sri Mangal Das, Resident of Village- Changel, Police Station- Katra in the district of Muzaffarpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Akhileshwar Pd. Singh, Sr.Advocate with Mr. Amrit Anunay, Advocate For the Opposite Party/s : Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-01-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Sessions Trial No. 184 of 2016, arising out of Katra P.S.Case No. 38 of 2012 registered for the offences punishable under Sections 302 and 376/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that there is no eye-witness to the occurrence and only it is alleged that the petitioner along with others was seen fleeing away from the place of occurrence and except that there is nothing against him and he is in custody since 9.2.2016.

Heard learned APP also.

Learned APP has opposed the prayer for bail and he has drawn my attention to paragraphs 84 and 85 of the case diary.

Patna High Court Cr.Misc. No.53863 of 2016 (4) dt.28-01-2017 2/2 Having heard both sides and considering the materials collected during the course of investigation, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail is rejected. However, considering the fact that the petitioner is in custody for about 10 months, the learned court below is directed to expedite the trial and conclude it as soon as possible and if the trial is not concluded within one year, the petitioner is at liberty to renew his prayer or bail.

(Vinod Kumar Sinha, J) spal/- U