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Patna High CourtCR. MISC./40692/2016rejected

Jyoti @ Jyoti Singh @ Jyotish Singh @ Jyotish v. The State Of Bihar

2016-10-04Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40692 of 2016 Arising Out of PS.Case No. -392 Year- 2012 Thana -BIHPUR District- BHAGALPUR ======================================================

1. Jyoti @ Jyoti Singh @ Jyotish Singh @ Jyotish S/o Late Bhuneshwar Singh Resident of Vill- Marwa P.S. Bihpur (Jhandapur), District-Bhagalpur .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kundan Kumar Singh For the Opposite Party/s : Mr. Sri Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04-10-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is named in the first information report and it is alleged that he assaulted the wife of the informant by means of Kularhi whereas other accused persons assaulted the informant's father, by means of iron rod, who subsequently died. Learned counsel for the petitioner submits that coaccused Kareli Miyan, and Tanuka Mushahar @ Tanuklal Rishidev and Singwa Mushar and Anu Miyan have already been granted privilege of bail by co-ordinate Benches of this Court but I do not feel it proper to release the petitioner on bail because the first information report goes to show that the occurrence took place in the year 2012 and petitioner could be remanded in this

Patna High Court Cr.Misc. No.40692 of 2016 (2) dt.04-10-2016 2/2 case on 24.06.2016 and prior to his remand, police had already submitted charge sheet against him showing him absconder. Accordingly, the prayer of the petitioner for bail in connection with Bihpur ( Jhandapur) P.S.Case No. 392 of 2012 pending in the court of 3rd Additional Sessions Judge, Naugachia stands rejected.

However, the learned trial court should expedite the trial of the petitioner and try to conclude the same as early as possible.

(Hemant Kumar Srivastava, J) N.K/- U T