Patna High CourtCR. MISC./1912/2019dismissed

Om Prakash @ Baua Singh v. The State Of Bihar

2019-02-20Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1912 of 2019 Arising Out of PS. Case No.-105 Year-2017 Thana- KHUSRUPUR District- Patna ====================================================== Om Prakash @ Baua Singh Mathura Singh Resident of Village-Kaiyampur, P.S.- Khusrupur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Miss. Soni Shrivastava, Adv For the Informant :

Mr. R.K. Sharma, Sr. Adv.

Mr. Santosh Kr. Prasad, Adv.

For the Opposite Party/s :

Mr.Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-02-2019 Heard learned counsel for petitioner, learned counsel for the informant and learned counsel for the State. Petitioner, who is in custody, seeks bail in connection with S.Tr. No. 724 of 2017 arising out of Khusrupur P.S. Case No. 105 of 2017 registered for the offences punishable under Sections 302 r/w 34 of the Indian Penal Code and Section 27 Arms Act.

Informant has alleged that on 05.06.2017 while his younger brother Anuj Kumar (deceased) went to his coaching by motorcycle, in the way petitioner started indiscriminate firing which hit at the neck, forehead and shoulder as a result of which his brother fell down and died at the spot. The reason behind this occurrence is money transaction of Rs. 1,50,000/- which was given by the deceased to the accused.

Patna High Court Cr.Misc. No.1912 of 2019(5) dt.20-02-2019 2/2 It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Petitioner has no criminal antecedent and is in custody since 29.08.2017. Bail petition has been opposed by the counsel for the informant and State.

Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail at this stage. Hence, the prayer for bail of the petitioner is hereby rejected.

Trial court is directed to expedite and conclude trial within a period of six months from the date of receipt/production of a copy of this order.

(S. Kumar, J) Rajiv/- U T