Patna High CourtCR. MISC./5762/2020rejected

Bikash Rajak @ Vikash Rajak v. The State Of Bihar

2020-11-23Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5762 of 2020 Arising Out of PS. Case No.-175 Year-2019 Thana- PURAINI District- Madhepura ====================================================== Bikash Rajak @ Vikash Rajak aged about 33 years (M), Son of Banarshi Rajak, Resident of vllage Dghaon, Police Station-Beldaur, District Khagaria ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Yogesh Chandra Verma, Sr. Advocate Mr.Pawan Kumar, Advocate For the Opposite Party :

Mr.Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 23-11-2020 Heard learned senior counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody in connection with Puraini P.S. Case No.175 of 2019 for the offence under Sections 302, 120B and 34 of the Indian Penal Code and Section 27 of the Arms Act.

By order dated 03.02.2020, case diary was called for. From perusal of the case diary, it appears that there are certain circumstances to connect the petitioner in the commission of crime.

Mr. Yogesh Chandra Verma, learned senior counsel appearing on behalf of the petitioner, would submit that the

Patna High Court CR. MISC. No.5762 of 2020(6) dt.23-11-2020 2/2 circumstances at best can be suspicion and since there is no eyewitness to the occurrence, petitioner deserves bail. Petitioner is in custody since 22.11.2019.

Considering the materials available on record in the case diary, the Court is not inclined to grant bail to the petitioner. The application is rejected for the time being. However, the court below is directed to expedite the trial and conclude the same expeditiously preferably within a period of nine months from the date of receipt/production of a copy of this order.

(Anil Kumar Upadhyay, J) BT/- U T