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Patna High CourtCR. MISC./30673/2014rejected

Mithilesh Singh v. The State Of Bihar

2015-01-12Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30673 of 2014 Arising Out of PS.Case No. -37 Year- 2012 Thana -PIPRIYA SAHAYAK District- LAKHISARAI ====================================================== Mithilesh Singh son of Late Bisho Singh resident of village - Walipur, Police Station - Pipariya, District - Lakhisarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lakshmi Kant Sharma For the Opposite Party/s : Mr. Sucheta Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-01-2015 Heard both the sides.

The petitioner seeks regular bail in Pipariya P.S.Case No. 37 of 2012 under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The informant, Subodh Kumar, named five persons including the petitioner and alleged that the petitioner went to the Dera of Ramji Singh situated in Balipur. The petitioner is alleged to have fired causing the death of Ramashish Singh, the uncle of the informant .

Learned counsel for the petitioner has submitted that from perusal of FIR it would appear that there is no eye witness of the occurrence. On account of land dispute the petitioner has falsely been implicated in this case.

Patna High Court Cr.Misc. No.30673 of 2014 (4) dt.12-01-2015 2/2 It appears that there is specific allegation that the petitioner fired causing the death of Ramshish Singh. In the facts, I am not inclined to enlarge the petitioner on bail and accordingly the same is rejected. The trial court is directed to expedite and conclude the trial preferably within a period of one year from the date of receipt of a copy of this order.

If the trial is not concluded within a period of one year, the petitioner, if so advised, may renew his prayer for bail. (Prabhat Kumar Jha, J) singh/- U T