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Patna High CourtCR. MISC./10248/2018rejected

Laljee Bind v. The State Of Bihar

2018-04-25Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10248 of 2018 Arising Out of PS. Case No.-17 Year-2017 Thana- BHABHUA District- Bhabhua (Kaimur) ====================================================== Laljee Bind, Son of Jawahir Bind, Resident of Village- Harnathpur (Sijhua), P.S.- Sonhan, District- Kaimur at Bhabua.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ajay Nandan Sahay For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 25-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner had earlier moved for bail in Cr. Misc. No. 29119 of 2017, which was rejected vide order dated 07.08.2017. Allegation upon the petitioner is that he along with his wife has assaulted the informant's husband by means of spade, which resulted in his death.

Learned counsel for the petitioner submits that both the petitioner and the deceased were full brothers and because of petty fight the occurrence took place. He submits that charges have been framed but up-till now none of the witnesses have been examined.

In this regard, a report was called for from the court of the Additional Sessions Judge-I, Kaimur at Bhabhua, who has

Patna High Court Cr.Misc. No.10248 of 2018(3) dt.25-04-2018 2/2 stated that the Sessions Trial No. 323 of 2017, arising out of Bhabhua(Sonhan) P.S. Case No. 17 of 2017 is likely to conclude within six months.

Considering the facts and circumstances and that the informant was an eye-witness to the alleged occurrence, prayer for bail of the petitioner is rejected.

Application is, accordingly, rejected. However, petitioner is at liberty to renew his prayer for bail after six months, if trial is not concluded by that time. (Nilu Agrawal, J) Rajesh/- U T