Patna High CourtCR. MISC./6726/2018rejected

Bhola Paswan v. The State Of Bihar

2018-03-16Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6726 of 2018 Arising Out of PS. Case No.-182 Year-2012 Thana- AMARPUR District- Banka ====================================================== Bhola Paswan, Son of Late Suresh Paswan, Resident of VillageBishambharchak, P.S. Amarpur, District- Banka. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Brij Nandan Prasad, Advocate For the Opposite Party/s :

Mr. Amrendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks regular bail in a case registered for the offences punishable under Sections 328, 302, 201/34 of the Indian Penal Code.

Allegation against this petitioner is of administering poison to the daughter of the informant and disposed off the dead body. Petitioner is in custody since 05.08.2017.

Submission is that there is no eye-witness of the occurrence nor there is material collected during investigation to disclose the case of poisoning, rather brother of the informant stated before the police that the victim had consumed poison, however, it has not been disputed that there is no eye-witness of

Patna High Court Cr.Misc. No.6726 of 2018(4) dt.16-03-2018 2/2 the occurrence.

After hearing the parties and considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail for the present in connection with Amarpur P.S. Case No. 182 of 2012, pending in the court of learned Chief Judicial Magistrate, Banka.

Hence, prayer for bail is refused.

Let the learned trial court expedite and conclude the trial within a period of nine months from the date of receipt/production of a copy of this order, failing which the petitioner would be at liberty to renew his prayer for bail before the court below itself.

(Birendra Kumar, J) khushbu/- U T