Chandraket Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4091 of 2016 Arising Out of PS.Case No. -129 Year- 2013 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Chandraket Singh, Son of Bindeshwari Singh, R/o Village- Delho, P.S.- Madhuban, District- East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Soni Shrivastava, Advocate For the Opposite Party/s : Mr. Smt. Sucheta Yadav , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-03-2016 Heard the learned counsel for the petitioner and the learned A.P.P. representing the State.

The petitioner seeks bail in connection with Madhuban P.S. Case No. 129 of 2013 registered for the offences punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegedly, the petitioner and other co-accused named in the First Information Report and three unknown surrounded the house of Ramdut Singh and the petitioner entered into the house and shot Ramdut Singh and thereafter, came out from the house and caused threats to the informant by stating that if he would come down he would also be killed and thereafter all fled away.

Patna High Court Cr.Misc. No.4091 of 2016 (3) dt.18-03-2016 2/2 Submission is of false implication and that the informant is not an eye-witness of the occurrence, he has not seen the petitioner shooting the deceased, and as such, the petitioner who is suffering in custody since 31.01.2014, deserves sympathetic consideration, to which the learned APP opposes by submitting that the petitioner after entering into the house of Ramdut Singh shot him dead and further, the petitioner has got criminal antecedent and from earlier also, he was an accused in Madhuban P.S. Case No. 119 of 2012 under Sections 302, 307 of the Indian Panel Code and Section 27 of the Arms Act, besides other cases.

In the facts and circumstances stated above, considering the allegation attributed against the petitioner, serious in nature, this Court is not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected in connection with Madhuban P.S. Case No. 129 of 2013 pending in the court of learned 12th Additional Sessions Judge, Motihari.

However, let the trial be expedited.

(Jitendra Mohan Sharma, J.) ajaypd./- U T