Patna High CourtCR. MISC./41130/2018disposal with observation

Dharmendra Kumar @ Tinha v. The State Of Bihar

2018-09-25Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41130 of 2018 Arising Out of PS.Case No. -7 Year- 2016 Thana -PIRI BAZAR District- LAKHISARAI ======================================================

1. Dharmendra Kumar @ Tinha Son of Late Baleshwar Das, resident of Village- Das Tola Ghosaith, P.S.- Piri Bazar, District- Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar, Adv. For the Opposite Party/s : Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-09-2018 The petitioner is in custody since 09.02.2016 in connection with Piri Bazar P.S. Case No. 07 of 2016, registered for offences punishable under Section 302 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation as per F.I.R. is of committing murder of wife of informant.

Submission of learned counsel for the petitioner is that the earlier the petitioner was not named in the F.I.R., his name transpired on information given by spy and except that nothing has been alleged against the petitioner and he is in custody since 09.02.2016 and charge has also been framed.

Heard learned A.P.P. also, who opposed the prayer for bail of the petitioner stating that on the confession of the accused,

Patna High Court Cr.Misc. No.41130 of 2018 (3) dt.25-09-2018 2/2 pistol used in the crime has been recovered from his house. Having heard both sides and in view of the facts and circumstances as stated above, at this stage, I am not inclined to grant bail to the petitioner. However, learned Trial Court is directed to expedite the trial and try to conclude the same within a period of seven months and if there is no laches found on the part of the petitioner, the court below shall release the petitioner on bail for his own satisfaction.

(Vinod Kumar Sinha, J) sunil/Amjad/- U T