Deena Raut @ Deenu Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.736 of 2017 Arising Out of PS.Case No. -462 Year- 2016 Thana -KANKARBAGH District- PATNA ======================================================

1. Deena Raut @ Deenu Raut Son of late Ganga Raut Resident of MohallaGate No. 15(Old), Kankarbagh, P.S. Kankarbagh, District Patna. .... .... Appellant/s

Versus

1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Prakash Chandra Jha For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-05-2017 The appellants seeks regular bail in connection with Kankarbagh P.S. Case No. 462 of 2016, registered for offences punishable under Sections 302/34 of Indian Penal Code and Section 3(2)(V) of SC/ST Act.

Allegation against the appellant is of firing on the informant due to which she died on the spot.

It has been submitted on behalf of the appellant that appellant has falsely been implicated in this case as appellant has earlier filed a case against the deceased. Further as per F.I.R, three persons were involved in said occurrence, therefore, it cannot be said that who fired on the deceased. Appellant has been in judicial custody since 29.07.2016.

Heard learned Special Public Prosecutor as well as

Patna High Court CR. APP (SJ) No.736 of 2017 (4) dt.18-05-2017 2/2 learned counsel for the informant. They have opposed the prayer for bail.

Having heard both sides, in view of the fact that there is direct allegation against the appellant of firing on the deceased, I am not inclined to release the appellant on regular bail, accordingly, this appeal is dismissed However, since the appellant has been in judicial custody for last nine months, trial court is directed to expedite the trial and try to conclude it as early as possible.

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