Patna High CourtCR. MISC./11415/2017dismissed

Jagdamb Sharma @ Jagdambi Sharma v. The State Of Bihar

2017-04-27Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11415 of 2017 Arising Out of PS.Case No. -121 Year- 2016 Thana -BIHPUR District- BHAGALPUR ====================================================== Jagdamb Sharma @ Jagdambi Sharma, son of Parmanand Sharma, resident of Village- Asha Tol, P.S. Bihpur (Bhawanipur), District- Bhagalpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Amrendra Kumar, Advocate For the Opposite Party/s : Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-04-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Bihpur (Bhawanipur) P.S.Case No. 121 of 2016, corresponding to G.R.No. 426 of 2016, registered for the offences punishable under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act. Petitioner is named in the FIR and the allegation against the petitioner is of killing the deceased. FIR further disclosed that the petitioner shot him.

It has been submitted on behalf of the petitioner that no independent witness has named this petitioner just after the occurrence and informant is not an eye-witness to the occurrence and he has been implicated in this case due to village politics. It has further been submitted that he himself surrendered on

Patna High Court Cr.Misc. No.11415 of 2017 (3) dt.27-04-2017 2/2 5.1.2017.

Heard learned APP also, who has opposed the prayer for bail stating that deceased had disclosed the name of the petitioner as assailant to his son before his death, as such, petitioner does not deserve bail.

Having heard both sides and considering the fact that deceased had disclosed the name of the petitioner as an assailant, I am not inclined to grant bail to the petitioner. Prayer for bail is rejected.

However, let the trial be expedited.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U