Patna High CourtCR. MISC./40331/2018rejected

Manish Jha v. The State Of Bihar

2018-09-20Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40331 of 2018 Arising Out of PS. Case No.-43 Year-2018 Thana- BARARI District- Katihar ====================================================== Manish Jha S/o Purushottam Jha Resident of Village - Yadav Toli Barari, P.S. - Barari, Dist - Katihar.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Mahendra Thakur For the Opposite Party/s :

Mr. Sri Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-09-2018 Heard learned counsel for petitioner and learned counsel for the State as well as learned counsel for the Informant.

Petitioner seeks bail in Barari P.S. Case No. 43 of 2018 registered for the offence punishable under Sections 341, 323, 324, 307/34 of the Indian Penal Code and later on Section 302 of the IPC was added.

Allegation against the petitioner is of committing murder of the brother of the informant by inflicting knife blow in his stomach.

It has been submitted on behalf of the petitioner that incident is result of land dispute. Petitioner is in custody since 18.04.2018.

Learned counsel for the Informant vehemently

Patna High Court Cr.Misc. No.40331 of 2018(3) dt.20-09-2018 2/2 opposes the prayer for bail.

Considering the fact that there is direct allegation of inflicting knife blow in the stomach of the brother of the Informant against the petitioner, I am not inclined to enlarge the petitioner on bail at this stage. Hence, the prayer for bail of the petitioner is hereby rejected.

However, trial court is directed to expedite the trial of the petitioner and conclude the same within a period of one year from the date of receipt/production of a copy of this order. If the trial of the petitioner is not concluded within a period of one year then petitioner would be at liberty to renew his prayer for bail.

(S. Kumar, J) ranjan/- U