Dharmu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49323 of 2015 Arising Out of PS.Case No. -354 Year- 2014 Thana -BIHTA District- PATNA ====================================================== Dharmu Yadav, Son of Late Sarba Rai, Resident of Village - Taregna, Police Station - Bihta, District - Patna.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Madan Jeet Kumar, Advocate.
For the Opposite Party : Mr. Ajay Kr. Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-05-2016 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Bihta P.S. Case No. 354 of 2014, registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code and under Section 27 of the Arms Act. Prayer for bail of the petitioner was rejected earlier vide order dated 12.05.2015 in Cr. Misc. No. 7565 of 2015. Learned counsel for the petitioner submits that the informant is not an eye witness of the occurrence. None of the witnesses has supported that the petitioner has fired at Sunil Yadav killing him on the spot.
From perusal of the FIR itself, it appears that the informant claimed himself to be an eye witness of the occurrence
Patna High Court Cr.Misc. No.49323 of 2015 (3) dt.18-05-2016 2/2 along with one another villager and the informant has stated that his son was shot dead by the petitioner.
Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on bail in Bihta P.S. Case No. 354 of 2014, pending in the court of the learned Additional Chief Judicial Magistrate, Danapur, Patna. 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/production of a copy of this order.
(Prabhat Kumar Jha, J.) KKSINHA/- U T