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Patna High CourtCR. MISC./33639/2015dismissed

Harinarayan Singh v. The State Of Bihar

2015-10-05Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33639 of 2015 Arising Out of PS.Case No. -171 Year- 2014 Thana -BHAGWANPUR District- BHABHUA (KAIMUR) ======================================================

1. Harinarayan Singh son of Late Haribansh Singh, Resident of villageAusan, P.S.- Bhagwanpur, District- Kaimur (Bhabua). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shyam Bihari Singh For the Opposite Party/s : Mr. Ajay Kumar 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-10-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offences punishable under Section 302 of the Indian Penal Code and Sections 27/25(I-b) of the Arms Act.

As per the prosecution story, it is alleged that the petitioner with his single barrel gun fired shot which resulted into the death of Lalita Singh Yadav. There was land dispute between the parties.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.12.2014. Charge sheet has been submitted in this case. There is no allegation of tampering with the evidence.

Patna High Court Cr.Misc. No.33639 of 2015 (3) dt.05-10-2015 P2/2 As per the allegation petitioner is the assailant. It is case and counter case. Father of the petitioner has also died in course of the occurrence.

It has been submitted on behalf of the State that the petitioner is named in the First Information Report and there is direct allegation of firing against him.

Considering the aforesaid facts and circumstances of the case, I am not inclined to the grant bail to this petitioner and the same is rejected.

Anyhow, the Trial Court is directed to take all necessary steps to conclude the trial preferable within one year from the date of receipt/production of a copy of this order. (Sudhir Singh, J) Saif/- U T