Sajan Rajbanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19707 of 2021 Arising Out of PS. Case No.-11 Year-2020 Thana- CHHABILAPUR District- Nalanda ====================================================== SAJAN RAJBANSHI SON SRI KRISHNA RAJBANSHI R/O VILLDUHAI SUHAI, P.S- CHHABILAPUR, DIST- NALANDA ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-02-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State in virtual court proceeding.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with S. Tr. No. 267/ 2020 arising out of Chhabilapur P.S. Case No. 11/ 2020 registered for the offences punishable under Sections 302, 120(B)/34 of the IPC.

As per prosecution case, the informant stated that on 11.03.2020 at 4 AM, he was asked by his brother's wife that his

Patna High Court CR. MISC. No.19707 of 2021(5) dt.18-02-2022 2/3 brother was called and taken away by the petitioner and one Shrikant Rajbanshi but did not return. The informant started searching out his brother and reached nearby the field of Arjun Chaurasiya and saw that all the accused persons had caught the hands and legs of his brother whereas petitioner was assaulting his brother at his chest by lathi. The co-accused persons are said to have surrounded the informant's brother. The informant further alleges that in a pre-planned manner all the accused persons killed his brother.

Learned counsel for the petitioner submits that petitioner has clean antecedent and has committed no offence and he has falsely been implicated in the present case. He further submits that other witnesses are hearsay. Petitioner is in custody since 17.03.2020.

The learned Additional Public Prosecutor opposed the prayer of bail.

Vide order dated 07.01.2022 a report was called for with regard to present status of the trial.

The report of trial court dated 17.01.2022 reveals that trial is going on.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail and accordingly, the same stands

Patna High Court CR. MISC. No.19707 of 2021(5) dt.18-02-2022 3/3 rejected.

However, the learned trial court is directed to expedite the trial.

(Rajesh Kumar Verma, J) shahzad/- U T