Ranjeet Kumar @ Ranjeet Kumar Vidyarthi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41122 of 2019 Arising Out of PS. Case No.-745 Year-2017 Thana- HILSA District- Nalanda ====================================================== RANJEET KUMAR @ RANJEET KUMAR VIDYARTHI Son of Surendra Prasad Resident of Village - Reri Parwalpur, P.S.- Hilsa, District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 6485 of 2019 Arising Out of PS. Case No.-745 Year-2017 Thana- HILSA District- Nalanda ====================================================== Ranjeet Kumar @ Ranjeet Kumar Vidyarthi S/o Surendra Prasad Resident of Village- Reri Parwalpur, P.S- Hilsa, District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 41122 of 2019) For the Petitioner/s :
Mr. Rajeev Kumar For the Opposite Party/s :
Mr. Akshay Lal Pandit (In CRIMINAL MISCELLANEOUS No. 6485 of 2019) For the Petitioner/s :
Mr. Shruti Sinha For the Opposite Party/s :
Mrs. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-07-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Hilsa P.S. Case No.745 of 2017 registered under Sections 147, 148, 149, 379, 354 (B), 506, 504 & 307 of the Indian Penal Code and Section 27 of the Arms Act.
Patna High Court CR. MISC. No.41122 of 2019(6) dt.03-07-2019 2/3 The petitioner is said to have assaulted Umesh Prasad in his stomach by means of firearm inflicting grievous injury in his stomach.
It is submitted by learned counsel for the petitioner that earlier the prayer for bail was rejected twice by this Court. Lastly vide order dated 13.03.2019, it was rejected with a direction to learned lower Court to conclude the trial within three months but the learned lower Court has not concluded the trial as yet, despite giving direction times and again. The learned lower Court, vide letter no.134 dated 24.06.2019 submitted in Cr. Misc. No.6485 of 2019, has sought three months more time for conclusion of the trial submitting that out of the nineteen charge sheeted witnesses seven witnesses including I.O. and doctor have been examined by the Court and twelve prosecution witnesses have given up by the prosecution.
Per contra, learned APP for the State opposing the bail petition submitted that there is direct allegation of assaulting on the stomach of Umesh Prasad by means of firearm against the petitioner and the said injury is grievous in nature. Earlier the prayer for bail of the petitioner has been rejected twice by this Court and as per the report of the learned lower Court the trial will be concluded very soon, hence the petitioner does not
Patna High Court CR. MISC. No.41122 of 2019(6) dt.03-07-2019 3/3 deserve bail.
Having regard to the facts and circumstances of the case and submission of the learned lower Court, the prayer for bail of the petitioner is rejected at present. However, the learned lower Court is directed to conclude the trial within two months positively from the date of receipt/production of a copy of this order. Both the parties are directed to extend all sorts of cooperation in conclusion of the trial within the stipulated period.
The petitioner may renew his prayer for bail if the trial is not concluded within the stipulated period. Accordingly, this application is disposed of. (Prakash Chandra Jaiswal, J) Trivedi/- U T