Shrawan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54757 of 2016 Arising Out of PS.Case No. -9 Year- 2016 Thana -BHAGWAN BAZAR District- SARAN ====================================================== Shrawan Rai, S/o Bhikhari Rai, resident of village - Chhota Brahmpur, P.S. Bhagwan Bazar, District - Saran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ratanakar Jha, Advocate For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-01-2017 This is an application for grant of bail for offences punishable under Sections 302 and 307/34 of the Indian Penal Code.

Heard learned counsel for the petitioner.

It has been submitted on behalf of the petitioner that though petitioner is named in the F.I.R. and specific allegation of assault has been made against him but there is no eye witness to the alleged occurrence and he has been falsely implicated in the present case due to previous land dispute arising out of partition. Heard learned A.P.P. also. He has pointed out that there is specific allegation of assault against the petitioner to the deceased.

Having heard both the parties and in view of the fact

Patna High Court Cr.Misc. No.54757 of 2016 (3) dt.10-01-2017 2/2 that there is specific allegation of assault against the petitioner to the deceased due to which he died, I am not inclined to grant bail to the petitioner, same is rejected.

However, learned court below, i.e., Chief Judicial Magistrate, Saran at Chapra, is directed to expedite the commitment of the case in connection with Bhagwan Bazar P. S. Case no. 9 of 2016 and consequently trial be also expedited. (Vinod Kumar Sinha, J) sudip/- U T