Prabhu Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71158 of 2018 Arising Out of PS. Case No.-84 Year-2016 Thana- SIGAUDI District- Patna ====================================================== Prabhu Chauhan Son of Sri Moti Chauhan @ Moti Prasad Chauhan, Resident of Village- Noniachak, Police Station- Sigori, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Siddhartha Prasad For the Opposite Party/s :

Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-01-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The petitioner is in custody in connection with Sigori P.S. Case No. 84 of 2016, S.Tr. No.143 of 2018 for the offences under Sections 302/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner has no criminal antecedents and he is in custody since 17.08.2017. He further submits that in the instant case, case diary was called for.

Learned counsel appearing on behalf of State submits that the independent witnesses have supported the prosecution case, as to the involvement of this petitioner in the commission of crime i.e. giving specific blow.

Considering the aforesaid, the Court is not inclined to grant bail to the petitioner. Accordingly, his prayer for bail is rejected. However, in the event the trial is not concluded within

Patna High Court Cr.Misc. No.71158 of 2018(5) dt.17-01-2019 2/2 a period of six months, the trial Court is directed to grant bail to the petitioner, if the petitioner is not found instrumental in delaying the Trial.

(Anil Kumar Upadhyay, J) mdrashid/- U T