In a bail petition, the High Court rejected the prayer for release as the informant was an eyewitness to the death of the deceased brother, though the trial was expected to conclude within six months.
Prayer for bail rejected; liberty to renew after six months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10248 of 2018
Arising Out of PS. Case No.-17 Year-2017 Thana- BHABHUA District- Bhabhua (Kaimur)
======================================================
Laljee Bind, Son of Jawahir Bind, Resident of Village- Harnathpur (Sijhua), P.S.- Sonhan, District- Kaimur at Bhabua.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Nandan Sahay For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap ======================================================
CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER
3 25-04-2018
Heard learned counsel for the petitioner and learned
APP for the State.
Petitioner had earlier moved for bail in Cr. Misc. No. 29119 of 2017, which was rejected vide order dated 07.08.2017.
Allegation upon the petitioner is that he along with his wife has assaulted the informant’s husband by means of spade, which resulted in his death.
Learned counsel for the petitioner submits that both the petitioner and the deceased were full brothers and because of petty fight the occurrence took place. He submits that charges have been framed but up-till now none of the witnesses have been examined.
In this regard, a report was called for from the court of the Additional Sessions Judge-I, Kaimur at Bhabhua, who has
Patna High Court Cr.Misc. No.10248 of 2018(3) dt.25-04-2018 2/2
stated that the Sessions Trial No. 323 of 2017, arising out of Bhabhua(Sonhan) P.S. Case No. 17 of 2017 is likely to conclude within six months.
Considering the facts and circumstances and that the informant was an eye-witness to the alleged occurrence, prayer for bail of the petitioner is rejected.
Application is, accordingly, rejected. However, petitioner is at liberty to renew his prayer for bail after six months, if trial is not concluded by that time.
(Nilu Agrawal, J)
Rajesh/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a bail petition where the trial is likely to conclude within six months.
Laljee Bind Son of Jawahir Bind
STATE OF BIHAR
NILU AGRAWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
