Patna High CourtCR. MISC./57210/2015rejected

Nikesh Ray @ Piyush Raj @ Nikesh Rai @ Piyush Rai v. The State Of Bihar

2017-07-26Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57210 of 2015 Arising Out of PS.Case No. -154 Year- 2011 Thana -CHAPRA TOWN District- SARAN ====================================================== Nikesh Ray @ Piyush Raj @ Nikesh Rai @ Piyush Rai S/o Laxman Rai resident of village Ramgadha P.S. Awtar Nagar, District-Saran at Chapra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dewendra Narayan Singh For the Opposite Party/s : Mr. Sunil Kr. Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04/ 26-07-2017 Though the matter is listed in today's cause list at serial no. 104, the matter is being taken up out of turn for hearing on the basis of mentioning slip filed by learned counsel for the petitioner.

The petitioner has renewed the prayer for bail in a case registered for the offences punishable under Sections 302, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case is that one Chandra Shekhar Singh informed the informant that indiscriminate firing is going on at the residence of Pappu Singh. The informant reached at the place of occurrence and saw that his brother Mani Bhushan Singh, Dinesh Yadav and Devendra Singh have been shot dead by

Patna High Court Cr.Misc. No.57210 of 2015 (4) dt.26-07-2017 2/2 the unknown miscreants. The informant raised suspicion against this petitioner, Mahesh Rai, Arvind Rai, Devendra Singh @ Putu Singh.

The learned APP submits that till 06.03.2017 out of 13 witnesses, 9 witnesses have been examined but the latest instruction is that the prosecution evidence has been closed and the matter is fixed for defence evidence.

Considering the advance stage of the trial, this Court is not inclined to consider the prayer for bail of the petitioner. Accordingly, the prayer for bail of the petitioner is rejected. However, it is expected from learned Additional Sessions Judge-11th, Saran at Chapra to expedite the trial of Sessions Trial No. 107 of 2012 arising out of Chapra Town P.S. Case No. 154 of 2011 and dispose of the same preferably within a period of three months.

(Dinesh Kumar Singh, J) DKS/- U T