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Patna High CourtCR. MISC./5347/2015rejected

Jaiee Raut @ Jayee Raut And ANR. v. The State Of Bihar

2015-03-30Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5347 of 2015 Arising Out of PS.Case No. -88 Year- 2014 Thana -DHAKA District- EAST CHAMPARAN (MOTIHARI) ======================================================

1. Jaiee Raut @ Jayee Raut Son of Chalitar Raut Resident of Vill - Hanuman Nagar, P.S- Dhaka, Distt.-East Champaran

2. Raj Mangal Raut S/O Late Inderdev Raut Resident of vill-Barharwa, Siwan, P.S-Dhaka, Distt.-East Champaran at Motihari .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gopal Sharan Singh, Advocate. For the Opposite Party/s : Mr. Sucheta Yadav, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-03-2015 Heard both sides.

The petitioners seek bail in a case under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. The informant alleged that while he along with his father was returning, the petitioners and others, namely, Ravi Kumar and Vicky Kumar came and fired at his father, Rambabu Thakur and Rambabu Thakur died.

Learned senior counsel for the petitioners submits that petitioner no. 2 is the relative of petitioner no. 1 and he is living in his own village. The petitioners have got no criminal antecedents.

It appears that the informant is an eye witness of the occurrence. The informant has made a very specific allegation that

Patna High Court Cr.Misc. No.5347 of 2015 (3) dt.30-03-2015 2/2 the petitioners came and fired which hit on the back of his father and his father died. Hence, I am not inclined to enlarge the petitioners on bail in Dhaka P.S. Case No. 88 of 2014. Accordingly, the same is rejected.

The trial court is directed to expedite the trial and conclude the same within one year from the date of receipt of this order.

(Prabhat Kumar Jha, J) Dilip/- U T