Vikash Kumar @ Vikash Prajapati @ Vicky Prajapati v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.19548 of 2021 Arising Out of PS. Case No.-223 Year-2020 Thana- DEHRI TOWN District- Rohtas ====================================================== VIKASH KUMAR @ VIKASH PRAJAPATI @ VICKY PRAJAPATI SON OF DILIP PRAJAPATI @ DILIP KUMAR R/O MOHALLA- JHABARMAL GALI, WARD NO.- 32, P.S.- DEHRI (T), DISTRICT- ROHTAS ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ashutosh Tripathy, Advocate For the Opposite Party/s :

Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 03-08-2021 Learned counsel for the petitioner undertakes to remove all the defects pointed out by the Stamp Reporter within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Ms. Asha Devi, learned APP for the State.

The petitioner in the present case is seeking regular bail in connection with S. Trial No. 149 of 2020 arising out of Dehri Town P.S. Case No. 223 of 2020 for the offences registered under Section 307, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that as per the prosecution story, the wife of the informant went for depositing the money to Kumar Toli Muhalla, in the meantime the informant received information through mobile phone that someone shot his

Patna High Court CR. MISC. No.19548 of 2021(2) dt.03-08-2021 2/2 wife. When he reached there he found that his wife was lying there. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to land dispute between the petitioner and the informant. The petitioner is in custody since 19.3.2020.

Learned APP for the State has though opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case wherein this court has noticed from the materials on the record that this petitioner is said to have fired from his pistol, confessed his guilt and on his disclosure the pistol and ammunition used in the occurrence have been recovered, the petitioner has also got criminal history and the petitioner is in custody only since 19.3.2020, this Court is not inclined to release the petitioner on bail at this stage. Let the trial be expedited.

The trial court shall take all endeavours to conclude the trial preferably within a period of nine months on the date of start of normal physical functioning of the Court. If the trial remains unconcluded during this period for no reasons attributable to the petitioner, he may renew his prayer for bail. (Rajeev Ranjan Prasad, J) SONALI/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.