Patna High CourtCR. MISC./15311/2018rejected

Shrawan Kumar v. The State Of Bihar

2018-05-17Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15311 of 2018 Arising Out of PS. Case No.-529 Year-2017 Thana- PHULWARI District- Patna ====================================================== Shrawan Kumar, son of Shyam Thakur, Resident of- Gobindpur, P.S.- Phulwarisarif, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Samir Kumar For the Opposite Party/s :

Mr. Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Phulwarisarif P.S. Case No. 529 of 2017 registered under Sections 302/34 of the Indian Penal Code and Sections 27, 25(1b)a/ 26 / 35 of Arms Act. The petitioner along with Kundan Kumar is said to have gunned down brother of the informant, namely, Md. Arju Raja over row of photo shooting.

It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has no concern with the aforesaid occurrence. The petitioner has been falsely implicated in this case by the informant due to animosity.

Patna High Court Cr.Misc. No.15311 of 2018(4) dt.17-05-2018 2/2 He has no criminal antecedent. He has been languishing in custody since 31.08.2017.

On the other hand, learned APP vehemently opposed the bail prayer of the petitioner and submitted that there is direct allegation of gunning down of the deceased against the petitioner. Hence, he does not deserve bail. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer is rejected.

However, learned trial court is directed to conclude trial as expeditiously as possible preferably within nine months from the date of commitment of the case.

(Prakash Chandra Jaiswal, J) rohit/- U T