Rakesh Singh @ Rakesh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27744 of 2015 Arising Out of PS.Case No. -325 Year- 2014 Thana -BIRAUL District- DARBHANGA ======================================================
1. Rakesh Singh @ Rakesh Kumar Singh Son of Raj Kumar Singh Resident of village - Thathopur, P.S. Baheri, District - Darbhanga .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bishwanath Prasad Singh For the Opposite Party/s : Mr. Rana Randhir Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-10-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.
The petitioner seeks bail in a case for the offences punishable under sections 394 of the I.P.C and section 27 of the Arms Act.
Allegedly, when the informant and his brother were coming to the house by motorcycle and reached near Aura Orchard 3-4 persons standing on the road directed them to stop the motorcycle but the informant did not stop and then the miscreants fired with pistol which hit on the left arm of the informant causing injury to him and his brother.
Submission is that the petitioner is not named in the F.I.R. and the alleged test identification parade is suspicious. The
Patna High Court Cr.Misc. No.27744 of 2015 (3) dt.15-10-2015 2/2 petitioner is suffering in custody since 17.10.2014 and now has been sufficiently penalized.
The learned A.P.P. opposes prayer for bail by submitting that from the impugned order it reveals that the informant and other injured have identified the petitioner in test identification parade and the petitioner has got criminal antecedent as he is involved in three other cases also.
In the facts and circumstances as stated above, at this stage this Court is not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with Biraul P.S. Case No. 325 of 2014/ G.R. No. 808 of 2014 pending in the court of Shri Ajay Kumar, J.M. 1st Class, Biraul at Benipur, District- Darbhanga.
However, the trial court is directed to expedite the trial and to conclude the same within four months, failing which the petitioner may be at liberty to renew his prayer for bail. (Jitendra Mohan Sharma, J) Abhay/- U T