Radhey Kant Upadhyay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51298 of 2014 Arising Out of PS.Case No. -88 Year- 2014 Thana -AKHODHIGOLA District- SASARAM (ROHTAS) ====================================================== Radhey Kant Upadhyay S/o Late Ganesh Upadhyay Resident of Village Chandi, P.S. Akorhi Gola, District Rohtas.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ashutosh Ranjan Pandey, Adv. For the Opposite Party/s : Mr. B. N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-04-2015 Heard both sides.

The petitioner seeks bail in Akorhigola P.S. Case No. 88 of 2014, registered for the offences punishable under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act. The wife of the deceased made allegation that the petitioner fired on her husband Hridayanand Singh and her husband died.

It is submitted that the son of the petitioner was killed by the deceased and his brothers. The deceased was convicted and the brother of the deceased is still facing criminal trial. There is no eye-witness of the occurrence. Even during the course of investigation not a single person have been examined.

Patna High Court Cr.Misc. No.51298 of 2014 (4) dt.20-04-2015 2/2 It appears that there is specific allegation of firing against petitioner on the deceased, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

The trial court is directed to expedite the trial and conclude the same within nine months from the date of receipt of this order.

(Prabhat Kumar Jha, J.) Rakhi/- U T