Shambhu Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48711 of 2016 Arising Out of PS.Case No. -126 Year- 2016 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Shambhu Sahani Son of Asha Sahani Resident of Village- Raghunathpur, P.S.- Turkauliya, District- East Champaran.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr. Advocate Mr. Anuj Kumar, Advocate For the State : Mr. C. Jawahar, APP For the Informant : Mr. Pramod Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-01-2017 Heard learned counsel for the petitioner, informant and the State.
The petitioner seeks bail in a case instituted under Sections 302/34 of the Indian Penal Code.
Allegation against petitioner is that he fired shot upon daughter of informant and, as a result, she died. It has been submitted on behalf of the petitioner that he is in custody since 6.6.2016. Chargesheet has been submitted against petitioner. Petitioner has got no criminal antecedent. No allegation of tampering of witnesses is alleged against petitioner. From perusal of F.I.R. itself it would appear that the allegations made against petitioner are improbable. Prior to institution of the present case, an informatory petition was also filed on behalf of the accused side vide Annexure-2 to the present application. On behalf of the State and the informant, it is submitted that petitioner is named in the F.I.R. and he is the main assailant
Patna High Court Cr.Misc. No.48711 of 2016 (3) dt.09-01-2017 2/2 causing death of the deceased.
Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner, same is rejected. Any how, the court below, i.e., learned C.J.M., East Champaran at Motihari, is directed to take all necessary steps to expedite the trial in connection with Sugauli P.S. Case no. 126 of 2016 and conclude the same within a period of one year from the date of receipt/production of a copy of this order. (Sudhir Singh, J) sudip/- U T