Patna High CourtCR. MISC./50055/2018dismissed

Mukesh Singh v. The State Of Bihar

2018-09-13Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50055 of 2018 Arising Out of PS.Case No. -227 Year- 2015 Thana -GIRIYAK District- NALANDA (BIHARSHARIFF) ======================================================

1. Mukesh Singh son of Naresh Singh, resident of Village- Katauna, Police Station- Giriyak, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Singh For the Opposite Party/s : Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections- 147, 148, 149, 379, 307, 302, 504, 506 of the Indian Penal Code.

The allegation against the petitioner is that he fired shot to the father of the informant, as a result of which, the informant's father succumbed to the injury.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 05-02-2018 and there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused in this case due to mistake of fact. Charge sheet has already been submitted in this case. The

Patna High Court Cr.Misc. No.50055 of 2018 (3) dt.13-09-2018 alleged occurrence is said to have taken place due to previous enmity. There is no other substantial evidence to suggest the implication of the petitioner in the present case. On behalf of the State and the informant, it is submitted that the petitioner is named in the Complaint Case/F.I.R. The petitioner is main assailant. He has criminal antecedent also. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Giriyak (Katrisarai) P.S. Case No. 227 of 2015 is rejected The learned court below is directed to expedite the trial of the petitioner.

(Sudhir Singh, J) A.K.V./- U T