Petitioner challenged refusal of bail in a murder trial. Court rejected bail application regarding Sahebganj P.S. Case No.104/2017.
Bail rejected; direction to expedite trial.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20832 of 2018
Arising Out of PS. Case No.-104 Year-2017 Thana- SAHEBGANJ District- Muzaffarpur
======================================================
Ankur Chaubey S/o Parmod Chaubey, R/o Village- Bairiya, P.S.- Sahebganj, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Yugal Kishore For the Opposite Party/s : Mr. Sri Narendra Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
2 10-04-2018 Heard learned counsel for the petitioner and the
learned APP for the State.
Petitioner, already in custody, seeks bail in connection with Sahebganj P.S. Case No.104 of 2017, giving rise to Sessions Trial No.670 of 2017, registered under Sections 302 and 379/34 of the Indian Penal Code.
Allegation in brief is that while the nephew of the informant was returning back to the house after closing his shop then on the way the accused persons including the petitioner stopped him and stabbed, in the meanwhile, Dilip Kumar and the informant also reached there and identified the assailants.
Learned counsel for the petitioner submits that statement of Dilip Kumar has not been recorded by the police and the informant is not the eye witness; whereas the learned
Patna High Court Cr.Misc. No.20832 of 2018(2) dt.10-04-2018 2/2
counsel for the State submits that the informant is the eye witness and said to have identified the assailants including the petitioner and the deceased sustained six incised wounds over his body.
Having considered the aforesaid facts and circumstances, the prayer of bail of the petitioner is rejected in connection with Sahebganj P.S. Case No.104 of 2017, giving rise to Sessions Trial No.670 of 2017, pending in the court of learned 7th Additional Sessions Judge, Muzaffarpur with a direction to the trial court to expedite the trial.
(Arun Kumar, J)
S.KUMAR/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner who is already in custody.
Ankur Chaubey
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
