Patna High CourtCR. APP (SJ)/2758/2017dismissed

Shiv Balak Yadavandanr. v. The State Of Bihar

2017-11-07Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2758 of 2017 Arising Out of PS.Case No. -18 Year- 2017 Thana -PAKARIBARAW District- NAWADA ======================================================

1. Siwalak Yadav son of Arjun Yadav

2. Ramwarat Yadav son of Baijan Yadav residents of village Bishanpur P.S. Pakaribarwa, District Nawada.

.... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Sheo Kumar Prasad For the Respondent/s : Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-11-2017 Heard the parties.

The appellants seek regular bail in Special (H) Case No.98 of 2017 arising out of Pakribrawan P.S.Case No.18/17 registered for the offence under Sections 302, 506, 34 of the I.P.C., Section 27 of the Arms Act and Section 3(2)(U) of the SC/ST Act.

Allegation against the appellants is of firing on the deceased causing his death.

Submission of the learned counsel for the appellants is that only one injury was found on the person of the deceased. They were not seen in the C.C.T.V. footage. It has also been submitted that earlier son of the appellant no.2 was killed by the informant's side for which a case bearing Pakribarawan P.S. Case

Patna High Court CR. APP (SJ) No.2758 of 2017 (3) dt.07-11-2017 2/2 No.96/16 was registered in which the informant was also made accused. They are in custody since 28.07.2017. Heard learned A.P.P. also who opposed the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the appellants at this stage. However, as they are in custody since 28.07.2017, the trial court is directed to expedite the trial and try to conclude the same within a period of nine months. With the aforesaid observation, this appeal is dismissed.

(Vinod Kumar Sinha, J) AnilKrSinha/- U