Nitesh Kumar Singh @ Nitesh Kumar @ Nitish Kumar v. The State Of Bihar
Patna High Court Cr.Misc. No.49027 of 2016 (4) dt.19-01-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49027 of 2016 Arising Out of PS.Case No. -359 Year- 2015 Thana -ARA MUFFSIL District- BHOJPUR ======================================================
1. Nitesh Kumar Singh @ Nitesh Kumar @ Nitish Kumar Son of Shree Murari Singh, Resident of Village- Mahuli, P.S.- Ara Muffasil, DistrictBhojpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Madan Jeet Kumar For the Opposite Party/s : Mr. Sri Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-01-2017 Heard the parties on the application for bail filed by the petitioner in connection with Muffasil P.S.Case No.359 of 2015 for the offence under Section 302 of the Indian Penal Code. It is submitted on behalf of the petitioner that though this case has been lodged against the petitioner and others under Section 302 of the Indian Penal Code but as a matter of fact earlier on the information of the informant, an U.D. Case was instituted but later on, when the post-mortem report was received, the same was converted into a case under Section 302 of the Indian Penal Code and there is nothing against the petitioner. It is further submitted that the petitioner is in custody since 26.09.2016 .
Patna High Court Cr.Misc. No.49027 of 2016 (4) dt.19-01-2017 Heard learned A.P.P.
Having heard both sides. Considering the facts and circumstances of the case, I am not inclined to grant bail to the petitioner at this stage, however, the petitioner may renew prayer for bail after recording of evidence of the mother of the deceased. Further, the District Judge is directed to take steps that the commitment of the case is expedited and as well for expediting the trial thereafter.
With the aforesaid observation, this application is dismissed. (Vinod Kumar Sinha, J) chn/- U T