Devendra Kumar @ Devendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31563 of 2017 Arising Out of PS.Case No. -62 Year- 2017 Thana -BAIKUNTHPUR District- GOPALGANJ ====================================================== Devendra Kumar @ Devendra Rai Son of Hira Rai, Resident of VillageBanaura, P.S.- Baikunthpur, District- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Naushad Uzzoha For the Opposite Party/s : Sri S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-07-2017 This application is for grant of bail in connection with Baikunthpur P.S. Case No. 62 of 2017 registered for the offence(s) under section(s) 147, 148, 149, 323, 324, 307, 302 and 447 of the Indian Penal Code.

Allegation against the petitioner is of assaulting the deceased by Farsa causing his death.

Submission of the learned counsel for the petitioner is that there is case and counter case between the parties and the petitioner also received injury and though it has been alleged that the petitioner assaulted the deceased but when there was free fighting going on between the parties, it cannot be said that the petitioner assaulted the deceased and he is in custody for about four months.

Patna High Court Cr.Misc. No.31563 of 2017 (2) dt.13-07-2017 2/2 Heard learned Additional Public Prosecutor also. Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner. However, the Trial Court is directed to expedite the trial and conclude the same within a period of one year from the date of receipt or production of a copy of this order. With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) Mahesh/- U T