Patna High CourtCR. MISC./41818/2017dismissed

Chunnu Mahto @ Chanu Mahto v. The State Of Bihar

2017-09-11Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.41818 of 2017 (2) dt.11-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41818 of 2017 Arising Out of PS.Case No. -127 Year- 2016 Thana -JAGDIHSPUR District- BHOJPUR ======================================================

1. CHUNNU MAHTO @ CHANU MAHTO Son of Shivraj Singh, R/o VillagePurab Muhallah Jagdishpur, P.S.- Jagdishpur, Distt.- Bhojpur(Bihar).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar, Adv. For the Opposite Party/s : Mr. D.K. Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-09-2017 The petitioner seeks regular bail in connection with Jagdishpur P.S. Case No. 127 of 2016, registered for offences punishable under Sections 302, 120B of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner and one other coaccused person is of firing on the deceased resulting his death. It has been submitted on behalf of the petitioner that he has falsely been implicated in this case only on the suspicion, which will appear from the post mortem report that it is alleged two persons fired on the deceased, however, three gun shot injuries were found on the person of the deceased and further there is no eye witness of the occurrence. It has also been submitted that petitioner has been in judicial custody since

Patna High Court Cr.Misc. No.41818 of 2017 (2) dt.11-09-2017 10.01.2017.

Learned counsel for the State opposed the prayer for bail and submitted that there is direct allegation that petitioner along with one other fired on the deceased causing his death coupled with the fact that petitioner has criminal antecedents as he is an accused in eight other cases.

Having heard both sides, considering the facts and circumstances of the case, nature of allegation and also that petitioner is an accused in eight other cases, 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 one year. (Vinod Kumar Sinha, J) sunil/- U T