Jatindra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38468 of 2015 Arising Out of PS.Case No. -133 Year- 2014 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Jatindra Sah, son of Bishwanath Sah, resident of village-Nawalpur, P.S.- Nawalpur, District-West Champaran.

.... .... Petitioner

Versus

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

For the Petitioner/s : Dr. Rajesh Kumar Singh, Advocate For the Opposite Party/s : Mr. T.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 19-08-2015 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Sessions Trial No. 130 of 2015 arising out of Yogapatti (Nawalpur) P.S. Case No. 133 of 2014 registered under Sections 302 read with 34 and 120-B of the Indian Penal Code, Section 3(1)(x) of the SC. and S.T. (P.O.A.) Act and Section 27 of the Arms Act. The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 13.11.2014 passed in Cr. Misc. No. 40847 of 2014.

Patna High Court Cr.Misc. No.38468 of 2015 (2) dt.19-08-2015 2 / 2 According to the prosecution case, the petitioner is alleged to have opened fire causing injury to the brother of the informant as a result of which, he died at the spot. It is contended by learned counsel for the petitioner that though the petitioner is in custody since 13.06.2014, charges are yet to be framed.

Be that as it may, regard being had to the serious nature of allegation, I am not inclined to grant bail to the petitioner. Accordingly, the prayer for bail is rejected. The court below is directed to frame charges, proceed with the trial and conclude the same as early as possible. (Ashwani Kumar Singh, J.) Sanjeet/- U T