Patna High CourtCR. MISC./49026/2019dismissed

Lalbabu Mian v. The State Of Bihar

2020-03-03Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43976 of 2019 Arising Out of PS. Case No.-114 Year-2018 Thana- SIMRA District- West Champaran ====================================================== BABLU MIAN Son of Lalbabu Mian Resident of Village- Bairati, P.S.- Semra (Chiutaha O.P.), District- West Champaran ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 49026 of 2019 Arising Out of PS. Case No.-114 Year-2018 Thana- SIMRA District- West Champaran ====================================================== LALBABU MIAN Son of Late Sattar Mian Resident of Village - Bairati, P.S.- Semra (Chiutaha O.P.), District - West Champaran. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 43976 of 2019) For the Petitioner/s :

Mr.Ashok Kumar Gupta For the Opposite Party/s :

Mr.Madhuri Lata (In CRIMINAL MISCELLANEOUS No. 49026 of 2019) For the Petitioner/s :

Mr.Ashok Kumar Gupta For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-03-2020 Cr. Misc. No.43976 of 2019 and Cr. Misc. No.49026 of 2019 arises out of same P.S.case number, as such they have been taken together for disposal.

Petitioners in both the cases are named in the FIR along with the other accused persons and it is alleged by the informant that they have killed the son of the informant and thrown the dead body in the paddy field and when he reached there petitioners in both the cases were carrying the dead body towards the cane field of one Firoj Khan.

Patna High Court CR. MISC. No.43976 of 2019(4) dt.03-03-2020 2/2 Submission of the learned counsel for the petitioner is that the FIR itself shows that no body is the eye witness of the occurrence and he has been implicated in this case only on suspicion . He is in custody since 1.9.2018 and other co-accused persons have been granted bail by Co-ordinate Benches of this Court.

Heard learned APP, who has opposed the prayer for bail stating that in the FIR itself it is alleged that petitioners in both the cases were carrying dead body of the deceased towards the cane field of one Firoj Khan and they are named in the FIR as such there is strong circumstances against them. Heard learned APP.

Having heard both sides and considering the above, I am not inclined to grant bail to the petitioners in both the cases. Accordingly, both the applications are dismissed, however, since the petitioners in both the cases are in custody for long period, the learned trial court is directed to expedite the trial.

(Vinod Kumar Sinha, J) chn/- U T