Patna High CourtCR. MISC./49360/2017disposed

Bhutali Singh @ Bhuteli Singh v. The State Of Bihar

2017-11-14Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49360 of 2017 Arising Out of PS.Case No. -64 Year- 2017 Thana -BARHARA District- BHOJPUR ====================================================== Bhutali Singh @ Bhuteli Singh S/o Late Shyam Narayan Singh @ Lala Singh, R/o Village- Mahudahi, P.S.- Barahara, District- Bhojpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sunil Prasad Singh For the Opposite Party/s : Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-11-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Barahara P.S.Case No. 64 of 2017 registered for the offences punishable under Sections 302 and 379/34 of the Indian Penal Code.

Allegation against the petitioner is that he has taken the deceased along with him and later on he was informed that dead body of deceased was lying in a tempo.

Submission of learned counsel for the petitioner is that inquest report shows that cause of death is accident and as a matter of fact he was not found in tempo. Further submission is that he is in custody since 7.4.2017.

Heard learned APP and learned counsel for the

Patna High Court Cr.Misc. No.49360 of 2017 (3) dt.14-11-2017 2/2 informant. They have opposed the prayer for bail stating that a report has been called for about the tempo and from the report it appears that there is no sign of accident in the tempo, which will appear from the case diary.

Having heard both sides and in view of facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner at this stage.

However, learned court below is directed to commit the case within one month and thereafter learned trial court is directed to expedite the trial and try to conclude it within a period of seven months from the date of commitment. Needless to say that petitioner shall co-operate in disposal of trial and if trial is not concluded within the said period, trial court shall release the petitioner on bail to its own satisfaction.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U