Hari Lal Sharma v. The State Of Bihar

Patna High Court Cr.Misc. No.38040 of 2017 (3) dt.04-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38040 of 2017 Arising Out of PS.Case No. -497 Year- 2016 Thana -SAUR BAZAR District- SAHARSA ======================================================

1. Hari Lal Sharma Son of baldeo Sutihar, Resident of Village-Tiri Bhagwanpur, P.S.-Sour Bazar, District-Saharsa. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Sri Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-09-2017 The petitioner seeks regular bail in connection with Sour Bazar P.S. Case No. 497 of 2016, registered for offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 302 and 506 of the Indian Penal Code.

Allegation against the petitioner is of assault to the father of informant on his head causing his death.

It has been submitted on behalf of the petitioner that F.I.R itself shows that the occurrence took place on the spur of moment and there was no intention of the petitioner to kill the deceased and further there is no repetition of blow. Petitioner has no criminal antecedent and has been in judicial custody since 29.03.2017.

Heard learned A.P.P. as well as learned counsel for the

Patna High Court Cr.Misc. No.38040 of 2017 (3) dt.04-09-2017 informant. They have opposed the prayer for bail. Having heard both sides, considering the facts and circumstances of the case and the nature of allegation, I am not inclined to release the petitioner on bail, his application for regular bail is, accordingly, dismissed.

However, the trial court is directed to expedite the trial and try to conclude it within a period of nine months. (Vinod Kumar Sinha, J) sunil/- U T