Shailesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17154 of 2017 Arising Out of PS.Case No. -242 Year- 2016 Thana -JAHANABAD District- JEHANABAD ====================================================== Shailesh Yadav, son of Chalitar Yadav, R/o Village- Salempur, P.S.- Jehanabad, District- Jehanabad, .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dhirendra Kumar Sinha, Advocate For the Opposite Party/s : Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-04-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Jehanabad P.S.Case No. 242 of 2016 registered for the offences punishable under Sections 147, 148, 149, 323, 307, 447 and 302 of the Indian Penal Code.

As per FIR there is allegation of assault against the petitioner on the stomach and intestine of the deceased. It has been submitted on behalf of the petitioner that FIR itself shows that there was brick batting between the parties and, as such, it cannot be said that petitioner has assaulted the deceased and there was other way around that co-accused, who has also assaulted the deceased, has been granted bail and petitioner is in custody for eight months. Further submission is

Patna High Court Cr.Misc. No.17154 of 2017 (2) dt.13-04-2017 2/2 that there is delay in lodging the FIR.

Heard learned APP also.

Having heard both sides and in view of the specific allegation of assault against the petitioner and due to which deceased succumbed to injuries, I am not inclined to grant bail to the petitioner.

However, as the petitioner is in custody for eight months, learned trial court is directed to expedite the trial and try to conclude it as quick as possible.

This application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) spal/- U