Patna High CourtCR. MISC./436/2017dismissed

Mukesh Kumar v. The State Of Bihar

2017-01-31Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.436 of 2017 Arising Out of PS.Case No. -589 Year- 2015 Thana -RUNISAIDPUR District- SITAMARHI ======================================================

1. Mukesh Kumar S/o late Ramkinkar Rai R/o Village- Barheta, PSRunnisaidpur, District-n Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Narayan For the Opposite Party/s : Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-01-2017 The petitioner is in custody since 20.04.2016 in connection with Runnisaidpur P.S. Case No. 589 of 2015, registered for offences punishable under Sections 307 and 34 of the Indian Penal Code and Section 27 of the Arms Act. It has been submitted on behalf of the petitioner that he has been falsely implicated in this case due to previous enmity. Though there is allegation against the petitioner that he fired on deceased causing injury in his head, who during the course of treatment died, however there is no eyewitness to the said occurrence. Further the police after investigation submitted charge-sheet under Section 304 of Indian Penal Code and the petitioner is in judicial custody since 20.04.2016. Heard learned counsel for the State as well as learned

Patna High Court Cr.Misc. No.436 of 2017 (2) dt.31-01-2017 2/2 counsel appearing on behalf of the informant. Learned counsel for the informant has submitted that there are witnesses of the said occurrence and now the case has been committed to the court of sessions.

Having heard both sides, considering the fact and circumstances of the case and the nature of offence, I am not inclined to grant the petitioner, the privilege of regular, it is accordingly rejected.

However, learned Trial Court is directed to expedite the Trial and try to conclude it within a period of six months from today and if the trial is not concluded with the aforesaid period, the petitioner shall be at liberty to renew his prayer for bail before the Court below.

(Vinod Kumar Sinha, J) sunil/- U