Gariban Bind @ Gariban Bin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5145 of 2017 Arising Out of PS.Case No. -10 Year- 2001 Thana -BHAGWAN BAZAR District- SARAN ======================================================

1. Gariban Bind @ Gariban Bin, son of Late Sahni Bind, resident of Mohalla- Nawiganj, P.S.- Bhagwan Bazar, District- Saran at Chapra. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Yugal Kishore For the Opposite Party/s : Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-02-2017 The petitioner seeks regular bail in connection with Bhagwan Bazar P.S. Case No. 10/2001, registered for offences punishable under Section 302/34 of the Indian Penal Code. It has been submitted on behalf of the petitioner that in this case uptil now out of ten witnesses only three witnesses have been examined and the petitioner has been in custody since 29.05.2013. It has further been submitted that the allegation against the petitioner is that he gave knife blow to the deceased, however the same is false and fabricated.

Heard learned A.P.P. also.

Having heard both sides, in view of the fact that there is direct allegation against the petitioner of giving knife blow to the deceased, resulting his death, I am not inclined to grant the

Patna High Court Cr.Misc. No.5145 of 2017 (2) dt.15-02-2017 2/2 petitioner the privilege of regular bail, it is accordingly rejected. However, learned Trial Court is directed to expedite the trial and try to conclude as early as possible as only seven out of ten witnesses have remained to be examined.

The Superintendent of Police of concerned district is also directed to assure production of witnesses on the date fixed so that the trial may be concluded.

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