Vikky Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18565 of 2017 Arising Out of PS.Case No. -74 Year- 2015 Thana -MATIHANI District- BEGUSARAI ====================================================== Vikky Mishra, S/o Lakho, R/o Vill.- Ramdiri (Loken Singh Tola), P.S.- Matihani, Dist.- Begusarai.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Shubhesh Pandey For the Opposite Party/s : Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-06-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Sessions Trial No. 502 of 2015, arising out of Matihani P.S.Case No. 74 of 2015, registered for the offences punishable under Sections 302, 201, 120B/34 of the Indian Penal Code and 27 of the Arms Act.

Allegation as per FIR against the petitioner is that he has taken the deceased along with him and thereafter the deceased was traceless.

It has been submitted on behalf of the petitioner that except last seen there is nothing against the petitioner and further petitioner has lodged a case against the son of the informant in which he has also received injuries and he is in custody for more

Patna High Court Cr.Misc. No.18565 of 2017 (4) dt.20-06-2017 2/2 than two years.

Heard learned APP, who has opposed the prayer for bail.

Having heard both sides and considering the fact that petitioner was last seen with the deceased and he has also criminal antecedents, I am not inclined to grant bail to the petitioner. However, from perusal of the report received from the court below that trial has commenced and two witnesses have been examined and for non-appearance non-bailable warrant has been issued against them, learned trial court is directed to expedite the trial and try to conclude the same within a period of seven months and at the same time Superintendent of Police, Begusarai is also directed to ensure the presence of the witnesses in court ion the date fixed.

With the above observations, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U