Patna High CourtCR. MISC./38484/2017disposed

Karelal Singh @ Kara Singh v. The State Of Bihar

2017-08-23Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38484 of 2017 Arising Out of PS.Case No. -432 Year- 2015 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ======================================================

1. Karelal Singh @ Kara Singh, son of Bhaso Singh, resident of VillagePaspura, P.S.- Muffasil, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kumar Sinha For the Opposite Party/s : Smt. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-08-2017 Heard the parties.

The petitioner seeks regular bail in Muffasil P.S. Case No.432 of 2015 for the offence under Section 326, 307/34 of I.P.C. and Section 27 of the Arms Act.

Earlier prayer for bail of the petitioner has already been rejected vide order dated 18.01.2017 passed in Cr.Misc.No.48637/16 with observation that after examination of the informant petitioner may renew his prayer for bail. Submission of the learned counsel for the petitioner is that he has been falsely implicated in this case and despite summon issued against the informant, he has not turned up. The petitioner is in jail custody since 29.02.2016.

Patna High Court Cr.Misc. No.38484 of 2017 (2) dt.23-08-2017 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the aforesaid submission, I am not inclined to grant bail to the petitioner and again his prayer for bail is rejected. However, learned trial court is directed to expedite the trial and examine the informant of this case and once the informant is examined in this case, the petitioner would be at liberty to renew his prayer for bail and the trial court after going through the materials available on the record will pass appropriate order on its own merit without being prejudiced by this order. At the same time, the Superintendent of Police of the district concerned is directed to ensure the attendance of the informant in this case.

With the aforesaid observation, this application is disposed of.

Let a copy of the order be communicated to the S.P.Begusarai.

(Vinod Kumar Sinha, J) AnilKrSinha/- U