Bahadur Bin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26384 of 2017 Arising Out of PS.Case No. -80 Year- 2002 Thana -HUSAINGANJ District- SIWAN ======================================================

1. Bahadur Bin, Son of Sakichand Bin @ Sakhichand Bin, Resident of Village-Habib Nagar, P.S. Hussainganj, District-Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prashant Kumar For the Opposite Party/s : Mr. Sri Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-07-2017 The petitioner seeks regular bail in connection with Hussainganj P.S. Case No. 80 of 2002, registered for offences punishable under Sections 302, 201, 337/34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner, that he along with other accused fired on the deceased due to which he died. It has been submitted on behalf of the petitioner that petitioner has falsely been implicated in this case and further there is contradiction between the statement of informant and the post mortem report, which suggest only one gun shot injury on the person of the deceased and that too on his left hand. Petitioner has been in judicial custody since 15.04.2017.

Learned counsel for the State opposed the prayer for bail,

Patna High Court Cr.Misc. No.26384 of 2017 (3) dt.10-07-2017 2/2 stating that there is allegation of firing on the petitioner and post mortem report also shows that the deceased died due to shock and hemorrhage caused by injuries including gunshot injury. Having heard both sides, considering the fact and circumstances of the case and the nature of allegation, I am not inclined to release the petitioner on bail, his application for regular bail is, accordingly, rejected.

However, as submitted by learned counsel for the petitioner that in this case, charge has been framed, as such, learned Trial Court is directed to expedite the trial and try to conclude it within a period of seven months and if the trial is not concluded within the aforesaid period, the petitioner will be at liberty to renew his prayer for bail in the trial court itself. (Vinod Kumar Sinha, J) sunil/- U T