Jitendra Kumar Singh @ Jitendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9720 of 2020 Arising Out of PS. Case No.-193 Year-2018 Thana- AMNAUR District- Saran ====================================================== Jitendra Kumar Singh @ Jitendra Singh, male, aged about 40 years, Son of Late Yogendra Singh R/o Vill- Rajgawa, P.S. Madhaura, Dist.- Saran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Tiwary For the Opposite Party/s :
Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 26-08-2020 Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is seeking bail in connection with Sessions Trial No.343 of 2019 arising out of Amnaur P.S. Case No. 193 of 2018 registered for offences under sections 302, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.
As per prosecution case, on 26.9.2018 at about 6 AM, the son of the Informant Pappu Kumar Shah aged about 25 years went to a tea stall situated near Bashno Temple, Amnaur Market. In the meantime, Bheem Singh and Subodh Singh came on motorcycle. The motorcycle was being driven by Bheem Singh and Subodh Singh was in possession of country made pistol and he fired on the son of the Informant due to which he
Patna High Court CR. MISC. No.9720 of 2020(5) dt.26-08-2020 2/3 died at the spot. Thereafter, both the accused persons fled away from there.
The name of the petitioner has transpired during investigation including his self confession loaded with the fact that his mobile was found near the place of occurrence. Learned counsel for the petitioner submits that three identical persons, namely, Vishal Kumar @ Golu @ Gollu, Pappu Singh @ Pappu Kumar Singh and Raja Patel @ Raja Babu have been granted bail by this Court vide order dated 13.5.2019, 21.5.2019 and 5.7.2019 passed in Cr. Misc. No. 13723 of 2019, Cr. Misc. No. 18947 of 2019 and Cr. Misc. No. 31473 of 2019 respectively.
The First Information Shows that the case has been instituted under Section 302/120B of the I.P.C. and mobile location of the petitioner has been found near the place of occurrence including his self-confession as also having past criminal antecedent.
In that view of the matter, this Court is not inclined to grant bail to the petitioner.
Accordingly, the prayer for bail of the petitioner, above named, is rejected with a direction to the court below the conclude the trial expeditiously preferably within a period of 1.5
Patna High Court CR. MISC. No.9720 of 2020(5) dt.26-08-2020 3/3 years from the date of normalcy of the court proceedings. (Shivaji Pandey, J) rishi/- U T