Anil Rawani @ Anil Ramani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34795 of 2016 Arising Out of PS.Case No. -457 Year- 2015 Thana -GAYA KOTWALI District- GAYA ======================================================
1. Anil Rawani @ Anil Ramani Son of late Gopal Prasad Resident of Mohalla- Ganga Mahal, Tutwari, Police Station- Kotwali, District Gaya. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-01-2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor.
The application is for grant of bail in connection with Kotwali PS case no. 457 of 2015 for the offence under Sections 302/34 of the Indian Penal Code and 27 of Arms Act. It is submitted on behalf of petitioner that though there is allegation of firing on the deceased against the petitioner and in this case, there are only two eye-witnesses but they do not support the case of prosecution and turned hostile, as such, there is nothing on record against the petitioner and he may be enlarged on bail.
Heard learned A.P.P. also. Learned A.P.P. has opposed the prayer for bail and stated that there is direct allegation
Patna High Court Cr.Misc. No.34795 of 2016 (8) dt.17-01-2017 2/2 against the petitioner and he has criminal antecedent also. Having heard both sides. From perusal of copy of deposition of the two eye-witnesses of this case which is annexed by petitioner, it appears that they have turned hostile, however considering the fact that already four witnesses have been examined, I am not inclined to grant bail to the petitioner. As such, his prayer for bail rejected at this stage. However, lower court is directed to expedite the trial and conclude the same within 04 months.
With these observations, this bail application is dismissed.
(Vinod Kumar Sinha, J.) rinkee/- U T