Diwakar Singh @ Diwakar Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.40022 of 2017 (2) dt.23-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40022 of 2017 Arising Out of PS.Case No. -113 Year- 2016 Thana -SHASTRINAGAR District- PATNA ====================================================== Diwakar Singh @ Diwakar Kumar son of Sri Nand Kumar Singh, R/o village- Makandpur, P.S.- Nathnagar, District- Bhagalpur, at present R/o Adarsh Nagar, Phulwrisharif Road No. 03, Patna, P.S.- Phulwarisharif, District- Patna........................... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Brajesh Kumar For the Opposite Party/s : Mr. Sri Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-08-2017 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner wants to renew his prayer of bail, which was earlier rejected vide order dated 17.10.2016 passed in Cr. Misc. No. 41905 of 2016, on the ground that the petitioner is suffering in custody since 20.03.2016, the FIR has been lodged on wrong and false allegation, the statement of Danish (deceased) was not recorded in any hospital and as such the statement of the informant cannot be relied upon.

Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, considering the allegation attributed against the petitioner, finding no good ground for reconsideration of prayer for bail of the petitioner, again his prayer for bail stands rejected in Sessions Trial No. 521 of 2016

Patna High Court Cr.Misc. No.40022 of 2017 (2) dt.23-08-2017 arising out of Shastrinagar P.S. Case No. 113 of 2016 pending in the court of learned Additional Sessions Judge X, Patna. However, considering the period of detention, learned trial court is directed to expedite the trial and conclude the same as early as possible, preferably within six months from the date of receipt/production of a copy of this order, failing which, the petitioner, if at no fault, may be at liberty to renew his prayer of bail.

(Jitendra Mohan Sharma, J) avin/- U T