Jai Prakash Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.56037 of 2017 (5) dt.15-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56037 of 2017 Arising Out of PS.Case No. -101 Year- 2009 Thana -BHANGWANPUR HAT District- SIWAN ====================================================== Jai Prakash Singh, son of Jamuna Singh, Resident of Village- Dhorpur, Police Station- Bhagwanpur, District- Siwan. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Mr. Sri Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 15-02-2018 Heard learned Counsel for the petitioner and the learned Counsel for the State.

Petitioner, already in custody, seeks bail in Bhagwanpur PS Case No. 101 of 2009, registered under Sections 341, 324 and 307/34 of the IPC.

The allegation in brief is that accused persons came variously armed, this petitioner is said to have assaulted on the head, leg and feet of Harendra Tiwary by sword as a result he succumbed to the injuries.

Submission is that the police after investigation has not sent up the petitioner for trial but cognizance has been taken, the petitioner was admitted in a Nursing Home at Mohali in Punjab. Learned Counsel for the State submits that there is specific allegation against the petitioner and other witnesses have reiterated the same including the victim.

Having considered the said facts and circumstances and the specific allegation against the petitioner the prayer for bail is rejected. The trial court is directed to expedite the trial and preferably conclude the same within a period of one year and if trial does not conclude within the said period the petitioner may renew his prayer for bail.

Snkumar/- (Arun Kumar, J.) U T