Rahish Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36544 of 2014 Arising Out of PS.Case No. -127 Year- 2013 Thana -SAHPUR District- PATNA ====================================================== Rahish Rai Son of Bishwanath Rai, Resident of village- Sanehi Tola, P.S.- Naubatpur, District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Neeraj Kumar Alias Sanidh For the Opposite Party/s : Mr. Nand Kishor Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04/ 23-01-2015 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 30.09.2013 in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

The accusation is of assaulting the husband of the informant by this petitioner and Vishwanath Rai. It is submitted by learned counsel for the petitioner that the accusation of making assault by two persons when only one incised wound has been found on the head of the victim.

Considering the specific accusation of assault, regular bail application of co-accused Vishwanath Rai has

Patna High Court Cr.Misc. No.36544 of 2014 (04) dt.23-01-2015 2/2 been rejected by this Court vide Cr. Misc. No. 18182 of 2014, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected in connection with Shahpur P.S. Case No. 127 of 2013 pending in the court of learned Additional Chief Judicial Magistrate, Danapur, District - Patna. Let the trial be expedited.

However, the petitioner will be at liberty to renew his prayer for bail, if the trial will not be concluded within a period of one year.

(Dinesh Kumar Singh, J) DKS/- U T