Durga Rajwar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.63177 of 2018 Arising Out of PS. Case No.-12 Year-2018 Thana- PALIGANJ District- Patna ======================================================
1. Durga Rajwar, s/o late Shiv Narayan Rajwar,
2. Randhir Rajwar, s/o Madheshwar Rajwar all are r/v-Akuri Bawan Pokhar, P.S.-Paliganj, District-Patna ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Sinha For the Opposite Party/s :
Mr. Sri Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-11-2018 Heard the learned counsel for the petitioners, the informant and the learned A.P.P. for the State. The petitioners seek bail in S.T. No. 262/2018, arising out of Paliganj P.S. Case No. 12/2018, instituted under Sections 302, 120(B) and 34 of the Indian Penal Code read with Section 27 of Arms Act.
It is alleged in the written report that on the date of occurrence at about 9 A.M. husband of informant had gone to market for purchasing Khalli and Kerosene Oil then these petitioners along with others surrounded him. These petitioners are alleged to have caused firearm injury to the husband of informant on his chest and armpit. Thereafter husband of informant succumbed to injuries.
Patna High Court Cr.Misc. No.63177 of 2018(3) dt.20-11-2018 2/2 Learned counsel for the petitioners has submitted that in post-mortem report there is only one injury on the chest, which is attributed to petitioner no. 2. There is no injury on armpit as alleged against petitioner no. 1.
Learned counsel for the informant has submitted that doctor has found two entry wounds in the post-mortem examination; first is on the right chest and second is on mediolateral side of right chest. It is further submitted that trial has proceeded and all the prosecution witnesses have been examined in this case.
In view of such, this Court is not inclined to grant bail to these petitioners at this stage. Accordingly, prayer for bail of petitioners is rejected.
The trial court is directed to proceed in trial by giving short adjournment in the case and make efforts to finally conclude the trial within a period of six months. (Sanjay Priya, J) rakhi U T