Shivam Kumar @ Shiva v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16027 of 2021 Arising Out of PS. Case No.-493 Year-2019 Thana- BARAUNI District- Begusarai ====================================================== SHIVAM KUMAR @ SHIVA Son of - Ashok Rai @ Ashok Kumr Roy Resident of - Rajaura, Gospur, P.S.- Muffasil, District- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pritish Kumar Lal For the Opposite Party/s :
Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 28-07-2021 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Sessions Trial No. 111 of 2020 arising out of Barauni (Garahara O.P.) P.S. Case No. 493 of 2019 for the offence under Sections 394, 397, 302 and 120B of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel appearing for the petitioner submits that earlier the prayer for bail of this petitioner had been rejected by this Court vide order dated 09.07.2020 passed in Cr. Misc. No. 15667 of 2020. As per the report received form Additional Session Judge-III, Begusarai, charges have been framed in this case and the case is fixed
Patna High Court CR. MISC. No.16027 of 2021(5) dt.28-07-2021 2/2 for evidence. More particularly, there is no likelihood of conclusion of trial in near future. The petitioner is rotting in judicial custody since 28.11.2019.
Learned A.P.P. for the state has opposed the prayer for bail and submitted that earlier the prayer for bail of this petitioner has been rejected on merits and now no fresh ground is there for reconsideration of the prayer made by the petitioner.
Considering the facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of this petitioner is rejected. However, learned trial court is directed to expedite the trial and try to conclude it within six months from the date of this order.
(Arvind Srivastava, J) mcv/- U T