Vikesh Kumar @ Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41702 of 2018 Arising Out of PS.Case No. -39 Year- 2018 Thana -HALSI District- LAKHISARAI ======================================================

1. Vikesh Kumar @ Vikash Kumar, Son of Navin Singh, Resident of Village- Baghaur, Police Station- Halsi, District- Lakhisarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-10-2018 Heard the parties.

This application is for grant of regular bail in connection with Halsi P.s.Case No.39 of 2018 for the offences under Sections 147, 148, 149,341, 323, 307, 449, 120(B) of the Indian Penal Code and Section 27 of the Arms Act. Allegation against the petitioner is of firing on the injured, who received injuries at his hands and chest. Submission of the learned counsel for the petitioner is that no such occurrence has taken place, which will appear from the fact that he received injuries at Lakhisarai but he got examined in a private hospital at Begusarai. It has also been submitted that earlier grand father of the petitioner was murdered by these persons, which will appear from annexure-3 of the supplementary affidavit and due to that he has falsely been

Patna High Court Cr.Misc. No.41702 of 2018 (4) dt.01-10-2018 2/2 implicated in this case to put pressure on him and his family members and he is in custody since 21.4.2018. Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail stating that the independent witness have also supported the occurrence. Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner at this stage, however, considering the fact that he is in custody, the learned trial court is directed to expedite the trial and try for commitment of the case and after commitment of the case expedite the trial, however, if the trial is not concluded within a period of nine months and there is no laches on the part of the petitioner, he shall be released on bail in connection with Halsi P.S.Case No.39 of 2018 to the satisfaction of Sri Mahesh Shukla, J.M. 1st Class, Lakhisarai .

With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T