← Library
Patna High CourtCR. MISC./9208/2015rejected

Pankaj Rai v. The State Of Bihar

2015-05-13Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.9208 of 2015 (2) dt.13-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9208 of 2015 Arising Out of PS.Case No. -24 Year- 2014 Thana -SAHPUR District- BHOJPUR ======================================================

1. Pankaj Rai Son of Late Suresh Rai Resident of Village - Shahpur, P.S. - Shahpur, District - Bhojpur at Ara (Bihar).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rana Pratap Singh, Sr. Advocate Mr. Abhay Kumar Pandey For the Opposite Party/s : Mr. Hirday Pd.Singh(App) For the Informant :

Mr. Vinay Kirti Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-05-2015 Heard learned Senior counsel for the petitioner, learned counsel representing the State and learned counsel for the informant.

The petitioner has renewed his prayer for bail which has already been rejected vide order dated 16.07.2014 passed in Cr. Misc. No. 18293 of 2014 by submitting that during post mortem only one injury has been found and, as such, there is no specific as to who is the main assailant and further that in this case coaccused Nikki Pandey has been admitted to bail by another Bench of this Court. It is also submitted that two witnesses have not stated that the petitioner Pankaj Rai is the assailant to which the learned APP duly assisted by the learned counsel for the informant

Patna High Court Cr.Misc. No.9208 of 2015 (2) dt.13-05-2015 opposes by submitting that two eye witnesses have seen them committing the crime and the petitioner has also fired upon the deceased.

In the facts and circumstances stated above, considering that two eye witnesses have seen the petitioner and others committing the crime, this Court is not persuaded to reconsider the prayer of bail of the petitioner. Accordingly, his such prayer stands rejected in connection with Shahpur P.S. Case No 24 of 2014.

However, the trial court is directed to expedite the trial. (Jitendra Mohan Sharma, J) avin/- U