Kailash Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46514 of 2017 Arising Out of PS.Case No. -154 Year- 2015 Thana -MAJORGANJ District- SITAMARHI ====================================================== Kailash Thakur, son of Raman Thakur, resident of village + P.S. Purnahiya, District Sheohar .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Hans Lal Kumar For the Opposite Party/s : Mr. Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner.
This is an application for bail in connection with Majorganj P.S. Case No. 154 of 2015, corresponding to Sessions Trial No. 246 of 2017/347 of 2017, registered for the offences punishable under Sections 302/34 of the Indian Penal Code. Petitioner is not named in the FIR and case is under Section 302 IPC and it appears from the impugned order that name of petitioner transpires on the basis of his self confession. Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and except his confession there is nothing against him and he is in custody for five months. Further submission is that other co-accused persons have been granted bail by a co-ordinate Bench of this Court, as contained in Annexure-2.
Patna High Court Cr.Misc. No.46514 of 2017 (2) dt.20-09-2017 2/2 Heard learned APP also, who has opposed the prayer for bail stating that trial has already commenced and petitioner has criminal antecedents.
Having heard both sides and in view of facts and circumstances, I am not inclined to grant bail to the petitioner. However, as the Session has commenced, learned trial court is directed to expedite the trial and try to conclude it within seven months. If trial is not concluded within the said period, petitioner may renew his prayer for bail.
With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U