Upendra Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7077 of 2017 Arising Out of PS.Case No. -33 Year- 2009 Thana -UDWANTNAGAR District- BHOJPUR ====================================================== Upendra Choudhary, son of Late Janeshwar Choudhary, resident of village - P.O. Belaur, P.S. Udwant Nagar, District Bhojpur at Ara. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Amrendra Narayan Rai, Advocate For the Opposite Party/s : Mr. Mithilesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-06-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Udwantnagar P.S.Case No. 33 of 2009 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.

Allegation against the petitioner is of firing at the deceased causing his death.

It has been submitted on behalf of the petitioner that as a matter of fact, deceased died due to other circumstance, as such, petitioner was not sent up for trial and petitioner was summoned after five years and other co-accused have been acquitted and petitioner is in custody for more than 15 months. Heard learned APP also, who has opposed the prayer

Patna High Court Cr.Misc. No.7077 of 2017 (5) dt.21-06-2017 2/2 for bail.

Having heard both sides and in view of direct allegation against the petitioner, I am not inclined to grant bail to the petitioner at this stage.

Earlier a report was called for from the trial court and the report shows that trial will be concluded within nine months if prosecution co-operates in trial.

In such view of the matter, learned trial court is directed to expedite the trial on day-to-day basis and try to conclude the same within a period of seven months and at the same time Superintendent of Police, Bhojpur is also directed to ensure that the witnesses are present in court on the date fixed so as to conclude the trial within the time specified. With the above observations, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U