Ram Pravesh Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20303 of 2016 Arising Out of PS.Case No. -6 Year- 2016 Thana -CHARIABARIYARPUR District- BEGUSARAI ====================================================== Ram Pravesh Sahni S/o Hare Kishun Sahni, Resident of village- Sripur, P.S.- Cheria Bariarpur, District- Begusarai .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Yogesh Kumar, Advocate. For the Opposite Party : Mr. Ashok Kr.Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is languishing in custody in connection with Cheria Bariarpur P.S. Case No. 06 of 2016 for the offences instituted under Sections 147, 148, 149, 341, 323, 385, 387, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.
The prosecution story in brief, is that on 10.01.2016 at about 01.00 P.M, the construction of the road was going on near Sripur Durga Asthan, in the meantime the petitioner along with other co-accused persons armed with lethal weapon came there and demanded ransom of Rs. 60,000/- and on being protested, the petitioner assaulted Ramashray Mahto with butt of the pistol with intention to kill him, resulting which, he became injured. It is further alleged that the petitioner fired upon the informant twice
Patna High Court Cr.Misc. No.20303 of 2016 (3) dt.18-07-2016 2/2 with an intention to kill him but any how, he saved. It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.01.2016. The charge sheet has been submitted in the present case. There is no allegation of tampering with the evidence against the petitioner. The nature of injury is said to be simple. Hence, no offence under Section 307 of the Indian Penal Code is made out against the petitioner. Due to village politics, he has been made accused in the present case. On behalf of the state it has been submitted that the petitioner is named in the F.I.R. and he has demanded Rangdari of Rs. 60,000/- from the informant. There are as many as six cases pending against the petitioner.
Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in Cheria Bariarpur P.S. Case No. 06 of 2016, pending in the court of learned Additional Chief Judicial Magistrate, Manjhaul, Begusarai. Anyhow, the trial court is directed to take all necessary steps to conclude the trial preferably within a period of nine months from the date of receipt/production of this order. (Sudhir Singh, J.) Amit/- U T