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Patna High CourtCR. MISC./3616/2015rejected

Deepu @ Deepak Tiwari v. The State Of Bihar

2015-04-21Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3616 of 2015 Arising Out of PS.Case No. -75 Year- 2014 Thana -BARAHIYA District- LAKHISARAI ======================================================

1. Deepu @ Deepak Tiwari Son of Vishwanath Tiwari Resident of villPurani English Chhawani Barahiya,P.S-Barahiya,Distt.-Lakhisarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vibhakar Kumar For the Opposite Party/s : Mr. Nirmala Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 21-04-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is named in the first information report and in course of investigation, one witness, who claimed himself to be an eye witness to the occurrence, stated that petitioner and two other stabbed the deceased. The aforesaid statement is corroborated by the post mortem report.

Accordingly, I am not inclined to release the petitioner on bail and hence, his prayer for bail in connection with Barahiya P.S.Case No. 75 of 2014, pending in the court of Chief Judicial Magistrate, Lakhisarai stands rejected. However, the concerned court should commit the case of the petitioner to the court of session in accordance with law

Patna High Court Cr.Misc. No.3616 of 2015 (4) dt.21-04-2015 2/2 within four weeks from today, if the same has not been committed as yet and after that the sessions court should expedite the trial of the petitioner as early as possible.

(Hemant Kumar Srivastava, J) Namita/- U T