Chaurasia Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52225 of 2014 Arising Out of PS.Case No. -219 Year- 2013 Thana -CHARIABARIYARPUR DistrictBEGUSARAI ====================================================== Chaurasia Sah Son of Ram Uday Sah Resident of Village - Khanjapur, P.S. - Cheria - Bariyarpur, District - Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sabal Kumar Jha For the Opposite Party/s : Mr. Dilip Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-07-2015 The petitioner is in custody since 15.5.2014 in Cheriya- Bariyarpur P.S. Case No.219/13 for the offences under Sections 341, 342, 323, 324,325, 379, 307, 504, 506, 34 of the I.P.C. and subsequently 302 of I.P.C. was added. Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The prosecution case, in brief, is that when the son of the informant after watering his mustard crop in his field reached near Panchayat Bhawan of Khoj Jahanpur the petitioner along with co-accused Ram Uday Sah ambushed him and took him to his house, tied him and assaulted with iron rod and pistol on his mouth, neck and teeth as a result of which he became unconscious. The petitioner happens to be naxalite. When the

Patna High Court Cr.Misc. No.52225 of 2014 (5) dt.29-07-2015 2/2 informant came to know about the incident he rushed the place of occurrence and took his son to the hospital for treatment but after four days he died in course of treatment.

It has been submitted on behalf of the petitioner that he is in custody since 15.5.2014. Charge sheet has been submitted in this case. He has no criminal antecedent. There is allegation of assault against the petitioner upon the deceased by iron rod. On behalf of the State it has been submitted that there is specific allegation of assault against the petitioner on the deceased causing injury by iron rod and the witnesses have also supported the prosecution case.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The prayer for bail of the petitioner is rejected.

However, the trial court is directed to take all steps to expedite the trial and conclude the same within six months from the date of receipt/production of a copy of this order. (Sudhir Singh, J) AnilKrSinha/- U T