Bachchu Mishra @ Bacchu Mishra @ Bachhu Mishra @ Bibhash Mishra v. The State Of Bihar

Patna High Court Cr.Misc. No.34109 of 2018 (3) dt.13-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34109 of 2018 Arising Out of PS.Case No. -163 Year- 2017 Thana -MATIHANI District- BEGUSARAI ====================================================== Bachchu Mishra @ Bacchu Mishra @ Bachhu Mishra @ Bibhash Mishra S/o Late Rajesh Mishra, R/o Vill.- Ramdiri (Ramnagar) Loka Singh Tola, P.S.- Matihani in the District of Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Navin Sharma For the Opposite Party/s : Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 13-07-2018 Heard learned counsel for the petitioner, informant and learned counsel for the State.

The petitioner is in custody since 28.10.2017 in connection with S.T. No. 74 of 2018 (arising out of Matihani P.S. Case No. 163 of 2017) for the offence registered under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

It appears that the petitioner had actively participated in the occurrence and he had restrained the deceased from moving forth, and thereafter two other accused persons had encircled him and finally shot was fired by one Chunchun Singh. Learned counsel for the petitioner, thus, submits that it was Chunchun Singh, who is the main assailant, and therefore, the

Patna High Court Cr.Misc. No.34109 of 2018 (3) dt.13-07-2018 petitioner can well be released on bail.

Learned counsel for the informant submits that the Sessions Trial No. 74 of 2018 is at advance stage and in view of the fact that allegation against the petitioner is of serious nature as he actively participated in the occurrence.

In view of the aforesaid facts and circumstances of the case, I am not inclined to grant regular bail to the petitioner. It is, accordingly, rejected.

However, the trial of the case be expedited, so as to conclude the same within a period of nine months from today. (Anjana Mishra, J) Jagdish/- U T