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Patna High CourtCR. MISC./68342/2019dismissed

Shekhar Sah v. The State Of Bihar

2019-12-12Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68342 of 2019 Arising Out of PS. Case No.-304 Year-2017 Thana- BAUNSI District- Banka ====================================================== Shekhar Sah Son of Suresh Sah Resident of Village and P.O-Kushmaha, P.S.- Bounsi, District-Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pranav Kumar For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-12-2019 Petitioner seeks regular bail in connection with Bounsi P.S. Case No. 304 of 2017 registered for the offence punishable under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

As per F.I.R., there is allegation against the petitioner that he grab the deceased inside the house and thereafter, the petitioner and other accused persons killed him. Submission of learned counsel for the petitioner is that earlier a case was lodged prior to this case against the sister of the petitioner, as such the present case has been lodged. He is custody for more than two years.

On the other hand learned A.P.P. has opposed the prayer for bail on the ground that in her statement under Section 164 Cr.P.C. in which, the witness have stated that petitioner has

Patna High Court CR. MISC. No.68342 of 2019(3) dt.12-12-2019 2/2 caused his death.

Considering the facts as stated above, I am not inclined to grant bail to the petitioner. However, since the petitioner is in custody for more than 2 and half months, the learned trial court is directed to expedite the trial and conduct it on regular basis.

With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Rahul Mishra/- U T