Dilip Sao @ Dilip v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52180 of 2017 Arising Out of PS.Case No. -101 Year- 2016 Thana -PATRAKARNAGAR District- PATNA ======================================================

1. Dilip Sao @ Dilip Son of Gulab Sao Resident of Village - Sakin Hauikatpur, Police Station - Bakhtiyarpur, District - Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Abhay Kumar For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 31-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 323, 341, 324 and 302/34 of the Indian Penal Code.

The petitioner was a helper in the shop of the informant. Allegation is that he gave a dagger blow at the neck of the brother of the informant, for some dispute, relating to payment of dues.

The Doctor has found sharp wound at the neck of the deceased which was cause of death. The petitioner is in custody since 04.03.2017.

Submission of the learned counsel for the petitioner is that during investigation, it has come in the evidence

Patna High Court Cr.Misc. No.52180 of 2017 (5) dt.31-01-2018 2/2 of witnesses who carried the victim to the hospital that the victim had himself inflicted the injury as a result whereof he died. Considering the nature of allegation against the petitioner which has been supported by the other family member of the informant, I am not inclined to enlarge the petitioner on bail in connection with Patrakar Nagar Police Station Case No. 101 of 2016 pending in the court of learned Judicial Magistrate, 1st Class, Patna/successor court.

Hence, prayer for bail is refused.

However, the learned trial court is directed to expedite and conclude the trial within a period of nine months from the date of receipt/production of a copy of this order, failing which the petitioner would be at liberty to renew his prayer for bail before the learned court below.

(Birendra Kumar, J) Kundan/- U T