Patna High CourtCR. MISC./92/2017dismissed

Mukesh Singh v. The State Of Bihar

2017-03-02Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.92 of 2017 Arising Out of PS.Case No. -73 Year- 2016 Thana -KATRA District- MUZAFFARPUR ======================================================

1. Mukesh Singh son of Late Jay Narayan Singh Resident of Village - Dargah, Police Station - Katra, District - Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kundan Kumar Sinha For the Opposite Party/s : Mr. Sri Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-03-2017 Heard the parties.

This application is for grant of bail in connection with Katra Police Station Case No.73 of 2016 for the offence under Sections 447, 307, 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

It is submitted on behalf of the petitioner that from perusal of the F.I.R., it appears only that there was no motive of the petitioner to kill the deceased and the prosecution story of the case also shows that there is nothing to show that the petitioner and his son were available at the place of occurrence. The S.P. in his supervision report has also stated that firing was made by one Sonal Kumar. The petitioner has criminal antecedent and he is named in the F.I.R. The petitioner is in custody for about six

Patna High Court Cr.Misc. No.92 of 2017 (3) dt.02-03-2017 2/2 months.

Heard learned A.P.P. and the learned counsel for the informant. The learned counsel for the informant has opposed the prayer for bail, stating that the petitioner is named in the F.I.R. and there is allegation of firing on the deceased, due to the which he succumbed injury and died.

Having heard both sides. In view of the allegations, as above, I am not inclined to grant bail to the petitioner, however, as the petitioner is in custody, the learned trial court is directed to expedite the trial in this case.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U