Santosh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53061 of 2017 Arising Out of PS.Case No. -11 Year- 2017 Thana -JAMALPUR RAIL P.S. District- LAKHISARAI ====================================================== Santosh Yadav, son of Ashok Yadav, resident of Kalyanpur, P.S. Bariarpur, District Munger .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Amrendra Kumar Jha For the Opposite Party/s : Mr. Kalyan Shankar ====================================================== 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 Rail Jamalpur P.S.Case No. 11 of 2017, G.R.No. 86 of 2017, registered for the offences punishable under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.

Allegation against the petitioner is of firing on the deceased causing his death.

Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and informant though claims to be eye-witness but she does not appear to be eye-witness to the occurrence and he is in custody for nine months. Heard learned APP also.

Having heard both sides and in view of direct allegation against the petitioner, I am not inclined to grant bail to the

Patna High Court Cr.Misc. No.53061 of 2017 (2) dt.14-11-2017 2/2 petitioner. Hence, prayer for bail is rejected. However, as the petitioner is in custody for nine months, learned court below is directed to commit the case and after commitment learned trial court is directed to expedite the trial and try to conclude it within one year from the date of commitment. With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U