Vrihaspat Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61892 of 2018 Arising Out of PS.Case No. -619 Year- 2017 Thana -BIHTA District- PATNA ====================================================== Vrihaspat Ray, son of Sri Ram Ray, r/o village Maudahi, P.S. Bihta, Distt. Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Pandey, Advocate. For the Opposite Party/s : Mr. Arun Kumar Singh -5, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-10-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Bihta P.S. Case No. 619 of 2017 instituted for the offence under Sections 147, 148, 149, 348, 341, 326, 307, 302, 504, 379 and 506 of the Indian Penal Code.

It is alleged in the written report that grandfather of the informant namely, Shiv Dayal Rai had gifted some land through registered sale deed to him and his brother and uncle, on which the accused persons also pressurized his grandfather to give some land to them also. It is further alleged that on the date of occurrence, the accused persons having Fasuli in their hands came and told his grandfather to execute the land in their favour. However, on refusal to do so, the accused persons started abusing him and demanded the papers related to his land. When the

Patna High Court Cr.Misc. No.61892 of 2018 (3) dt.31-10-2018 2/3 deceased Shiv Dayal Ray refused to give the papers, accused Raj Bali Ray instigated all the accused persons to kill him and take all papers relating to his lands. Thereafter, accused Raj Bali Rai and Bhai Virendra caught hold of the hands and legs of the deceased and accused Nirala Yadav @ Bara Babu, Kamandar Ray, Loha Singh and Vrihaspt Ray (petitioner) assaulted on the neck of the deceased namely Shiv Dayal Ray with Fasuli, as a result of which he succumbed to the injuries. It is further alleged that when the informant tried to save his grand father, he was also assaulted by the accused persons with Fasuli with intention to kill him. Counsel for the petitioner submits that trial has proceeded in the case.

Report regarding present status of the case was called for from the court below which has been received. It is mentioned in the report that all private witnesses have been examined. The case is pending for examination of official witnesses. Therefore, this application is disposed off with direction to the court below to conclude the trial within a period of six months from the date of receipt of copy of this order after giving short adjournment in the case.

It is made clear that in the event the trial is not concluded within aforesaid period, the petitioner may renew his

Patna High Court Cr.Misc. No.61892 of 2018 (3) dt.31-10-2018 3/3 prayer for bail.

(Sanjay Priya, J) S.Ali/- U T