Patna High CourtCR. MISC./14140/2016rejected

Pawan Kumar And ANR v. The State Of Bihar

2016-04-05Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.14140 of 2016 (2) dt.05-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14140 of 2016 Arising Out of PS.Case No. -829 Year- 2004 Thana -PHULWARI District- PATNA ======================================================

1. Pawan Kumar.

2. Tinku Kumar. Both Sons of Late Baleshwar Ram, resident of VillageBiranchak, Police Station- Janipur, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vibhuti Ranjan Sonvadra For the Opposite Party/s Mr. Lallan Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 05.04.2016 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

Petitioners seek bail in a case registered under section 302/34 of the Indian Penal Code as well as section 27 of the Arms Act.

Petitioners are named in the first information report which was lodged in the year 2004 and as per submission, investigation against the petitioners had already been completed in the year 2006 and charge sheet was submitted showing them absconder. Petitioners could be remanded in this case in the year 2015 after 12 years of the occurrence.

No doubt, there is allegation against the petitioners that they caught hold of the deceased at the time of alleged occurrence but taking into consideration the previous conduct of the petitioners, I am

Patna High Court Cr.Misc. No.14140 of 2016 (2) dt.05-04-2016 not inclined to release them on bail and accordingly, their prayer for bail in connection with Phulwari Sharif (Janipur) P.S. Case no. 829/2004 corresponding to Sessions Trial no. 02/2016 pending in the court of Addl. Sessions Judge IV, Patna stands rejected. However, the learned trial court is directed to expedite the trial of the petitioners and try to conclude the same as early as possible.

shahid (Hemant Kumar Srivastava,J) U T