Patna High CourtCR. MISC./35839/2015dismissed

Alok Jha v. The State Of Bihar

2015-08-21Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35839 of 2015 Arising Out of PS.Case No. -266 Year- 2013 Thana -BETTIAH TOWN DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Alok Jha Son of late Tapeshwar Jha resident of Village- Banu Chhaper, P.S.- Bettiah Muffasil District- west Champaran .... .... Petitioner

Versus

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

For the Petitioner : Ms. Sushmita Mishra, Advocate.

For the Opposite Party : Mr. Ashok Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-08-2015 Heard both sides.

The petitioner seeks bail in Bettiah Town P.S. Case No. 266 of 2013, registered for the offences punishable under Section 302 and other Sections of the Indian Penal Code. The prayer for bail of the petitioner was earlier rejected vide order passed in Cr. Misc. No. 1279 of 2014. Three persons namely the petitioner, Sanjay Mishra and Dilip Patel are said to have fired. The firing made by the petitioner hit on the hand of the deceased. The firing made by Sanjay Mishra and Dilip Patel hit on the head and abdomen of the deceased respectively. The case is still pending for commitment.

Considering the nature of allegation, I am not inclined to enlarge the petitioner above named on bail. Accordingly, the

Patna High Court Cr.Misc. No.35839 of 2015 (2) dt.21-08-2015 2/2 same is rejected.

The petitioner is in jail since 30.04.2013, but the case is yet to be committed. The learned trial court is directed to commit the case forthwith to the court of Sessions and on such the learned trial court is directed to expedite the trial and conclude the same within nine months from the date of receipt of this order, if the trial is not concluded within nine months without the fault of the petitioner, the petitioner may renew his prayer for bail firstly in the court below.

(Prabhat Kumar Jha, J.) KKSINHA/- U T