Kamlesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57932 of 2019 Arising Out of PS. Case No.-119 Year-2019 Thana- BARACHATTI District- Gaya ====================================================== KAMLESH SINGH Son of Late Kedar Singh Resident of Village - Nega Bigha, P.S.- Salaiya, District- Aurangabad ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-01-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody seeks bail in a case registered under Section 396 of the Indian Penal Code and 25(1b)a, 26 and 35 of Arms Act. Informant has alleged that on 14.03.2019 at about 7.55 PM while he was shutting his shop and returning, he heard sound of firing and saw that some one has shot dead his father and the person who had fired was caught by family members and from his possession one country made pistol and one fired cartridge was recovered. It is further alleged that 7-8 miscreants had entered his house to commit robbery and while they were fleeing away the villagers assembled there caught hold the accused who had fired upon his father.

Patna High Court CR. MISC. No.57932 of 2019(5) dt.10-01-2020 2/2 It has been submitted on behalf of petitioner that the allegation is that while the miscreants were fleeing and they were surrounded by the villagers, one of the miscreants fired, as a result of which father of the informant died. Informant is not an eye witness and no case under Section 396 is made out. As there is direct allegation against petitioner of firing upon the father of informant, causing his death, I am not inclined to grant bail to the petitioner. Accordingly this application is dismissed.

However, the trial court is directed to expedite and conclude the trial at the earliest.

(S. Kumar, J) veena/- U T