Lallan Mahto @ Lallan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43042 of 2019 Arising Out of PS. Case No.-138 Year-2018 Thana- SAHPUR District- Bhojpur ====================================================== LALLAN MAHTO @ LALLAN SINGH Son of Shioraj Mahto Resident of Village - Utardaha, P.S.- Tiyar, District - Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Singh For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-08-2019 Heard learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks bail in Shahpur P.S. case no. 138 of 2018 instituted for the offence under Sections 302, 307/34 of the IPC and Section 27 of the Arms Act. The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 13.12.2018 passed in Cr. Misc. no. 65623 of 2018 with direction to trial Court to expedite the trial.

Petitioner is in custody since 13.6.2018.

There is specific allegation against the petitioner that he fired with double barrel gun causing injury to nephew of the informant, namely Ramesh Kumar, in his stomach, waist thigh and also on the upper side of stomach. It is further alleged that

Patna High Court CR. MISC. No.43042 of 2019(4) dt.07-08-2019 2/2 firing made by double barrel gun of the petitioner also hit another nephew of the informant, namely, Vimlesh Kumar and Om Prakash, They were taken to referral hospital Shahpur for treatment, from where they were referred to Sadar Hosptial, Ara but Ramesh Kumar died during course of treatment. Report called for from the court below has been received from which it appears that first witness was examined on 11.6.2019 and as such trial has already commenced. Looking into the serious allegation against this petitioner, this Court is not inclined to grant bail to the petitioner. The prayer for bail of the petitioner again rejected. Trial Court is directed to expedite the trial and make efforts to conclude the same as early as possible preferably within a period of 9 months either by fixing the case on day-today basis or by giving short adjournment in the case. (Sanjay Priya, J) shyambihari/- U T