Munchun Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34524 of 2017 Arising Out of PS.Case No. -209 Year- 2016 Thana -CHATOUNI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Munchun Sah, son of Ramekbal Sah, R/o Village- Dharohara, P.O.- Khartari, P.S.- Chiaiya, District- East Champaran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Virendra Kuar For the Opposite Party/s : Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-07-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Chhatauni P.S.Case No. 209 of 2016 registered for the offences punishable under Sections 307, 120B/34 of the Indian Penal Code and 27 of the Arms Act.

Allegation as per FIR is of demanding extortion from the information and due to non-fulfilment of demand two persons came on a motorcycle and one of them fired shot at the brother of informant causing injury to him.

It has been submitted on behalf of the petitioner that petitioner is not named in the FIR and later on his name transpires in the confessional statement of accused persons. It has further been submitted that he has falsely been implicated in this case. So

Patna High Court Cr.Misc. No.34524 of 2017 (2) dt.28-07-2017 2/2 far criminal antecedents are concerned, it has been submitted that on the basis of confessional statement he has been made accused in 25 other cases and in this case he is in custody since 27.2.2017. Heard learned APP also, who has opposed the prayer for bail stating that petitioner has criminal antecedents. Having heard both sides and considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner.

However, learned trial court is directed to expedite the trial of the petitioner and try to conclude it within nine months and at the same time Superintendent of Police, East Champaran, Motihari is directed to ensure the presence of the witnesses in court on the date fixed so that trial be concluded within the said period.

With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U