Birendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52930 of 2016 Arising Out of PS.Case No. -209 Year- 2015 Thana -TARAIYA District- SARAN ======================================================
1. Birendra Singh, Son of Ram Dayal Singh, Resident of Village-Gawandri, PS. Taraiya, District Saran .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Shyam Bihari Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-04-2017 Heard learned counsel for the petitioner and learned counsel representing the State.
The petitioner seeks bail in connection with Taraiya P.S Case No. 209 of 2015 registered for the offence punishable under Section 302/34 of the Indian Penal Code. Allegedly, the petitioner gave knife blow causing injury to the son of the informant in his left rib cage and shoulder and thereafter Ankit Kumar Singh the son of the informant died during treatment at P.M.C.H., Patna Submission is of false implication and that the petitioner is suffering in custody since 06.11.2015. During investigation the witnesses have not supported the fact that the petitioner assaulted with knife and, as such, the petitioner deserves
Patna High Court Cr.Misc. No.52930 of 2016 (5) dt.13-04-2017 2/2 sympathetic consideration.
Learned A.P.P opposes the prayer of bail by submitting that petitioner is the assailant and trial is at the fag-end as only doctor is to be examined.
In the facts and circumstances stated above, considering the allegation attributed against the petitioner, I am not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected.
However, the learned trial court is directed to expedite the trial and to conclude the same as early as possible preferably within two months from the date of receipt/production of a copy of this order.
(Jitendra Mohan Sharma, J.) Rajiv/- U T