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Patna High CourtCR. MISC./39617/2015dismissed

Nanhak Bhagat @ Nannak Bhagat v. The State Of Bihar

2015-10-12Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39617 of 2015 Arising Out of PS.Case No. -59 Year- 2014 Thana -AADAPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Nanhak Bhagat @ Nannak Bhagat S/o Vir Samsher Bhagat R/o Shyampur, P.S. Adapur, District East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhannjay Kumar No 2 For the Opposite Party/s : Mr. Gajendra Pd. Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-10-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is in custody in Adapur P.S.Case No. 59 of 2014 registered under Sections 392, 302 and 120(B) of the Indian Penal Code and 27 of Arms Act, pending in the court of learned A.D.J.-12, Motihari, East Champaran.

It is alleged by the informant that his brother was trading of grains. He had hired a pick up van on 2.7.2015 to sell the grains. It is further stated that the driver of the van has informed that his brother has been killed by the criminals. It is further submitted that they have reached there on such information and found his brother was dead.

It is submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.39617 of 2015 (3) dt.12-10-2015 2/2 petitioner is in custody since 29.5.2014.The case has been committed to the Court of Sessions. Four prosecution witnesses have been examined in this case. There is no allegation of tampering with the evidence against the petitioner. The petitioner has been made accused merely on basis of suspicion. There is no eye witness to the occurrence.

On behalf of the State, it has been submitted that four prosecution witnesses have been examined in the present case. Considering the fact that the trial of the case is in progress, I am not inclined to grant bail to the petitioner and same is rejected.

Any how, the trial court is directed to conclude the trial on day to day basis within a period of six months from the date of receipt/ production of a copy of this order.

(Sudhir Singh, J) singh/- U T