Patna High CourtCR. MISC./17456/2016rejected

Binda Rai v. The State Of Bihar

2016-06-27Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17456 of 2016 Arising Out of PS.Case No. -20 Year- 2015 Thana -JAMOBAZAR District- SIWAN ====================================================== Binda Rai, Son of Sunar Rai, resident of village- Jalalpur, P.S.- Jamo, District- Siwan .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Santosh Kumar Mishra, Advocate For the Opposite Party/s : Mr. Sadanand Paswan(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-06-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Jamo Bazar P.S. case no. 20/2015 registered for the offences punishable under Sections 302/34 of Indian Penal Code read with Section 3(2V) of the SC & ST Act.

The allegation against the petitioner is that he assaulted Mithun Kr. Baitha, the brother of the informant with spear in his stomach causing severe injury to him and further the petitioner assaulted to Buteli Baitha also. The informant was also assaulted by the petitioner and others and at Sadar hospital, Siwan, Mithun Kr. Baitha succumbed to the injuries.

Patna High Court Cr.Misc. No.17456 of 2016 (3) dt.27-06-2016 2/2 Submission is of false implication and that prosecution story appears not probable and reliable, there was no intention to commit murder, post mortem report does not support the prosecution version, the petitioner is suffering in custody since 08.05.2015.

Learned A.P.P. opposes the prayer by submitting that the petitioner is assailant and corresponding injury has been found in post mortem report and the injury was found caused by hard and blunt penetrating weapon.

In the facts and circumstances stated above, considering the allegation attributed against the petitioner serious in nature, I am not inclined to enlarge the petitioner on bail and as such, the prayer stands rejected. However, considering the detention of the petitioner, let the trial be expedited and concluded as early as possible preferably within nine months from the date of receipt/ production of a copy of this order.

(Jitendra Mohan Sharma, J.) rinkee/- U T