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Patna High CourtCR. MISC./55236/2017dismissed

Vicky Mobile v. The State Of Bihar

2017-11-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55236 of 2017 Arising Out of PS.Case No. -121 Year- 2015 Thana -ALAMGANJ District- PATNA ====================================================== Vicky Mobile, son of Late Hari Prasad, R/o Jalla Road Maliya Mahadev, P.S.- Alamganj, District- Patna.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Pandey For the Opposite Party/s : Mr. S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-11-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Sessions Trial No. 785 of 2015, arising out of Alamganj P.S.Case No. 121 of 2015, registered for the offences punishable under Sections 216 of the Indian Penal Code and 27 of the Arms Act. Allegation against the petitioner is of firing at the informant causing injury to her.

Submission of learned counsel for the petitioner is that informant is not eye-witness to the occurrence and petitioner is in custody for more than two years.

Heard learned APP and learned counsel for the informant. They have opposed the prayer for bail on the ground that there is direct allegation against the petitioner and further

Patna High Court Cr.Misc. No.55236 of 2017 (2) dt.20-11-2017 2/2 prayer for bail of co-accused has been rejected by this Court. It is submitted by learned counsel for the informant that all the witnesses have been examined except I.O.

Having heard both sides and considering the facts and circumstances of the case, I am not inclined to grant bail to the petitioner.

However, learned trial court is directed to expedite the trial and at the same time, Sr. S.P., Patna is directed to ensure the presence of I.O. in court on the date fixed, so that trial be expedited and concluded at the earliest.

With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U