Suryamani Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19548 of 2017 Arising Out of PS.Case No. -16 Year- 2016 Thana -BIHARSHARIF RAIL P.S. District- PATNA ======================================================
1. Suryamani Thakur Son of Kailu Thakur, Resident of Srichandpur, Police Station- Harnaut, District- Nalanda.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Sri Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-05-2017 Heard the parties.
The petitioner seeks regular bail in connection with Biharsharif Rail P.S.Case No.16 of 2016 dated ;29.10.2016 correspondent to G.R.No.657 of 2016 registered for offences punishable under Sections 302, 109, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.
Allegation against the petitioner is of firing upon the deceased killing him.
It is submitted on behalf of the petitioner that the whole story is not probable as usually no lights remain available in the train as such it is not possible that the petitioner will identify the decease amongst the several passengers of the train and fired upon him, secondly, it is submitted that he has been falsely
Patna High Court Cr.Misc. No.19548 of 2017 (2) dt.04-05-2017 2/2 implicated in this case and that too only because of the land dispute. He has remained in custody since 1.12.2016. Heard learned A.P.P. also, who has opposed the prayer for bail.
Having heard both sides and in view of direct allegation against the petitioner in the F.I.R. itself, I am not inclined to grant bail to the petitioner as such his prayer for bail is rejected, however, the learned trial court is directed to expedite the trial of the petitioner.
With the aforesaid observation, this application is dismissed.
(Vinod Kumar Sinha, J) chn/- U