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Patna High CourtCR. MISC./39315/2016rejected

Kaushal Kumar Srivastava @ Bittu Srivastava v. The State Of Bihar

2016-10-24Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39315 of 2016 Arising Out of PS.Case No. -370 Year- 2016 Thana -ARA NAGAR District- BHOJPUR ====================================================== Kaushal Kumar Srivastava @ Bittu Srivastava, son of Sri Mithilesh Kumar Srivastava, resident of village-Mansager, Police Station-Charpokhari, in the district of Bhojpur, presently residing at New Area, Babu Bazar, Police Station-Ara Twon in the district of Bhojpur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Akhileshwar Pd. Singh, Sr. Adv. Mr. Prabhu Narayan Sharma, Adv.

For the Informant : Mr. Rajendra Narain, Sr. Adv. For the Opposite Party/s : Mr. S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 24-10-2016 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. In this case, the petitioner is seeking regular bail in connection with Ara Town P.S. Case No.370 of 2016, registered for the offence punishable under Section 302/120B/34 of the Indian Penal Code and under Section 27 of the Arms Act. This Court is not examining the matter on merit on the ground that already three witnesses have been examined and rest five witnesses are yet to be examined by the Court below. Learned counsel for the petitioner submits that none of the witnesses has named the present petitioner, but looking to the entire facts and circumstances of the case this Court is not

Patna High Court Cr.Misc. No.39315 of 2016 (4) dt.24-10-2016 2/2 inclined to grant bail to the petitioner. Accordingly, the prayer for bail is rejected. However, the Trial Court is directed to conclude the trial as early as possible preferably within a period of three months from the date of receipt / production of a copy of this order. The prosecution is equally directed to produce all the witnesses on the date fixed by the Court below. (Shivaji Pandey, J) pawan/- U T