Yodha Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1266 of 2017 Arising Out of PS.Case No. -148 Year- 2013 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Yodha Rai, Son of Late Chanan Rai, Resident of Village- Barka Pakahi, P.S. Lakhaura, District- East Champaran.

.... .... Appellant

Versus

The State of Bihar.

.... .... Respondent ====================================================== Appearance :

For the Appellant/s : Mr. Neeraj Kumar Alias Sanidh For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-08-2017 Heard learned counsel for the appellant and learned Special P.P.

This appeal has been filed for setting aside the order the order dated 3.2.2017 passed in B.P. No. 2178 of 2016 by Additional Sessions Judge-I-cum-Special Judge, East Champaran, Motihari, arising out of Ghorasahan (Lakhaura) P.S.Case No. 148 of 2013 registered for the offences under Sections 147, 148, 149, 302, 120B of the Indian Penal Code, 27 of the Arms Act and 3(i)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and for grant of bail to the appellant. Allegation against the appellant and other co-accused as per FIR is that they have fired at the deceased causing his death. It has been submitted on behalf of the appellant that

Patna High Court CR. APP (SJ) No.1266 of 2017 (5) dt.07-08-2017 2/2 apart from the appellant and one co-accused, 31 persons have been made accused in this case though there is specific allegation against co-accused of firing but post mortem report shows two fire arm injuries and one by hard and blunt substance on the person of deceased and appellant is in custody for more than one year. Learned Special P.P. has opposed the prayer stating that there is specific allegation against the appellant supported by the post mortem report.

Having heard both sides and considering the facts and circumstances, I am not inclined to grant bail to the appellant. Prayer for bail is rejected.

However, as the appellant is in custody for more than one year, learned trial court is directed to expedite the trial and try to conclude it as soon as possible, preferably within a period of nine months.

With the above observation, this appeal is dismissed. (Vinod Kumar Sinha, J) spal/- U