Sardar Laxman @ Sardar Laxman Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16992 of 2016 Arising Out of PS.Case No. -76 Year- 1997 Thana -BIKRAM District- PATNA ====================================================== Sardar Laxman @ Sardar Laxman Singh Son of Late Rajnath Singh resident of village- Kab, P.S. Rani Talab, District- Patna .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Shiva Shankar Prasad Singh, Advocate For the Opposite Party/s : Mr. Anusuiya Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 28-04-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections 147, 148, 326, 307, 364, 302, 120(B) of the Indian Penal Code and 27 Arms Act and 4/5 of Harizan Atrocities Act and 17 C.L.A. Act.

Petitioner is named in the first information report on the accusation that he instigated the other accused and also made firing killing 10 persons belonging to Schedule Caste Community. The alleged occurrence took place in the year 1997 but petitioner could be remanded in this case on 8.8.2014.

Submission on behalf of the petitioner is that in course of trial of other co-accused, the informant as well as several

Patna High Court Cr.Misc. No.16992 of 2016 (2) dt.28-04-2016 2/2 prosecution witnesses have not named the petitioner and as a matter of fact petitioner has falsely been implicated in the case. It is also contended by him that petitioner was outside the State and he was not aware about his implication in the present crime and that was reason he could not appear before the court. I am not at all convinced with the above stated submission and considering the facts and circumstances of the case as well as taking note of previous conduct of the petitioner, I am not inclined to release him on bail and, accordingly, his prayer for bail in connection with Bikram (Rani Talab) P.S. Case No.76 of 1997 pending in the court of Ist Additional Sessions Judge, Patna stands rejected. However, the concerned court should expedite the trial of the petitioner and try to conclude the same as early as possible.

(Hemant Kumar Srivastava, J) N.H./- U T