Vinay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19560 of 2019 Arising Out of PS. Case No.-121 Year-2017 Thana- DAUDPUR District- Saran ====================================================== Vinay Kumar Singh Son of Late Sarv Deo Singh Resident of Village - Balesara, P.S.- Daudpur, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-06-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Section 302 of the Indian Penal Code and Section 27 of the Arms Act in connection with Daudpur P.S. Case No. 121 of 2017.

The petitioner is main assailant of the husband of the informant.

Submission is that informant is not believable for the reason that her daughter Akriti, who was also present at the time of occurrence, has not been examined by the police and the doctor who performed the post examination noticed that the death was caused 16-20 hours before the post mortem examination. The aforesaid two reasons cannot be a ground to disbelieve the eyewitness at least for the purpose of this application for bail.

Patna High Court CR. MISC. No.19560 of 2019(4) dt.03-06-2019 2/2 Hence, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail is refused.

The trial Court is directed to expedite the trial and conclude the same preferably within nine months, failing which the petitioner would be at liberty to renew the prayer for bail before the trial judge itself.

(Birendra Kumar, J) Mkr./- U T