Patna High CourtCR. MISC./21289/2014rejected

Sanjay Saw v. The State Of Bihar

2015-04-29Mr. Justice Gopal Prasad2 pages

Patna High Court Cr.Misc. No.21289 of 2014 (3) dt.29-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 21289 of 2014 Arising out of P. S. Case No. - 70 Year - 2007 Thana - KASIMBAZAR District - MUNGER ======================================================

1. Sanjay Saw, Son of Late Narayan Sao, R/o PC Batta Colony Between Baser P.S. - Kasim Bazar, Distt - Munger .... .... Petitioner

Versus

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

For the Petitioner :

For the Opposite Party :

====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 29-04-2015 Heard learned counsel for the petitioner and learned counsel for the State.

This is a petition for grant of regular bail in a case under Sections 147, 149, 307, 302, 120B of the Indian Penal Code, Section 27 of the Arms Act and Section 3/5 of the Explosive Substance Act. The prayer for bail on behalf of the petitioner was earlier rejected vide order dated 22.11.2013 in view of the fact that there is direct allegation of firing against the petitioner by which son of the informant succumbed to the injury.

Learned counsel for the petitioner, however, contended that the informant has been examined in the case and has not supported the prosecution case.

However, a report has been received from the Additional Sessions Judge, Munger before whom the trial is pending stating that the prosecution has already examined 11 witnesses out of the 20 named in the charge sheet and now only 9 witnesses are yet to be examined and

Patna High Court Cr.Misc. No.21289 of 2014 (3) dt.29-04-2015 the case may be disposed of within six months. Hence, having regard to the facts and circumstances of the case, I am not inclined to grant bail to the petitioner in connection with S.T. No. 296 of 2013 arising out of Kasimbazar P.S. Case No. 70 of 2007 pending in the Court of Ad hoc 8th, Munger. The prayer of bail is rejected.

However, the trial court is directed to expedite the trial and if the same is not concluded within five months then the petitioner may renew his prayer for bail after five months.

Kundan/- (Gopal Prasad, J.) U T