Bipin Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3194 of 2017 Arising Out of PS.Case No. -235 Year- 2016 Thana -LAKHISARAI District- LAKHISARAI ====================================================== Bipin Singh, S/O Chunchun Singh, R/O Village- Lodiya, P.S. - Lakhisarai, District - Lakhisarai.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Murari Mishra For the Opposite Party/s : Mr. Sri Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 08-03-2017 Heard learned counsels for the petitioner and the State.

The petitioner already in custody seeks bail in connection with Lakhisarai P.S. Case No. 235 of 2016 registered under Sections 302, 201 and120B of the Indian penal Code. Allegation in brief is that the informant's younger brother was taken away by some accused persons including the petitioner on the pretext of some work and on the next day, his dead body was recovered half kilometer away from the village. Submission is that there are discrepancies in the statements of the witnesses recorded under Section 164 of the Cr.P.C. and one witness said that 10 persons assaulted when another said that 06 persons assaulted him but the postmortem report disclosed only one fatal injury over the head as a result of

Patna High Court Cr.Misc. No.3194 of 2017 (6) dt.08-03-2017 2/2 which the deceased succumbed to injury but that cannot be attributed to the petitioner.

Learned counsel on behalf of the informant submits that the case of the petitioner stands on similar footing to another accused Shankar Singh, whose bail was earlier rejected by a coordinate Bench of this Court by order dated 14.12.2016 passed in Cr. Misc. No. 43349 of 2016.

Having considered the said facts and circumstances, as the case of the petitioner is similarly situated to Shankar Singh, the prayer for bail of the petitioner, for the present, is rejected. The court below is directed to expedite the trial and conclude the same within six months, as earlier in the case of Shankar Singh, trial court was directed to expedite the trial within nine months.

Let a copy of this order be sent to the court below forthwith.

(Arun Kumar, J) Sujit/- U