Nitish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9885 of 2017 Arising Out of PS.Case No. -256 Year- 16 Thana -RAHUI District- NALANDA (BIHARSHARIFF) ====================================================== Nitish Kumar, Son of Mahesh Prasad, Resident of village - Dharampur, Police Station - Hilsa, District - Nalanda .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vibhuti Ranjan Sonvadra, Advocate For the Opposite Party/s : Mr. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-04-2017 This is an application for grant of bail for offences punishable under Sections 341, 323, 420, 411, 406, 120B/34 of the Indian Penal Code.
It has been submitted on behalf of the petitioner that he has falsely been implicated in this case. According to the F.I.R., he is friend of the informant and there was dispute with respect to loan given by petitioner to informant. As such, petitioner has been implicated in the present case. He has further submitted that there was delay of four days in lodging the case. He has remained in custody for about six months. He has no criminal antecedent.
Heard learned A.P.P. also and he has opposed the prayer for bail. He has submitted that the truck was recovered at
Patna High Court Cr.Misc. No.9885 of 2017 (3) dt.03-04-2017 2/2 the instance of the petitioner.
Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner, the same is rejected. However, learned court below, i.e., Chief Judicial Magistrate, Nalanda at Biharsharif, is directed to expedite the trial in connection with Rahui (Bhaganbigha) P. S. Case n. 256 of 2016 and conclude the same within a period of one year from the date of receipt/production of a copy of this order. If the trial is not concluded within the stipulated period, petitioner will be at liberty to renew his prayer for bail before the court concerned, which will dispose of the petition on the basis of materials available on record.
Accordingly, this application is dismissed.
(Vinod Kumar Sinha, J) sudip/- U T