Shekhar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41399 of 2018 Arising Out of PS. Case No.-136 Year-2016 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Shekhar Singh, S/o Late Shyamdeo Singh, R/o Village- Dogachhi, P.O.- Tarar, P.S.- Sanhoulla, District- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anupa Nand Jha For the Opposite Party/s :
Mr. Sri Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 06-08-2018 Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner, already in custody, seeks bail in connection with Kotwali (Barari) P.S. Case No.136 of 2016, registered under Section 394 of the Indian Penal Code. Accusation is that the petitioner and one another accused, stopped the truck of the informant on highway and started looting the driver and one of the miscreants shot at his chest causing firearm injury, thereafter alarm was raised and the petitioner was caught at the spot.
Submission is that the petitioner has been in custody for last two years, since institution of the case and he has no criminal antecedent; whereas the learned APP for the State
Patna High Court Cr.Misc. No.41399 of 2018(4) dt.06-08-2018 2/2 submits that one case under the Arms Act was also instituted against the petitioner, who was caught at the spot while committing the offence and in the process of looting the informant also shot at him causing firearm injury and the impugned order discloses the fact that already three prosecution witnesses have been examined.
Having considered the aforesaid facts and circumstances and the nature of evidence in this case, the prayer of bail of the petitioner is rejected with a direction to the trial court to expedite the trial and preferably conclude the same within a year.
(Arun Kumar, J) S.KUMAR/- U T