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Patna High CourtCR. MISC./3602/2017dismissed

Amarjeet Singh @ Amar Singh v. The State Of Bihar

2017-03-29Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3602 of 2017 Arising Out of PS.Case No. -52 Year- 2015 Thana -CHANDRADEEP District- JAMUI ====================================================== Amarjeet Singh @ Amar Singh, Son of Mukesh Singh, resident of VillageSonkhar, P.S.- Chandradeep, District- Jamui. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Umesh Prasad, Advocate. For the Opposite Party : Mr. Md. Ashlam Ansari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-03-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 27.08.2015 in connection with Sessions Trial No. 25 of 2016, arising out of Chandradeep P.S. Case No. 52 of 2015 for the offences instituted under Sections 302, 387/34 of the IPC and 27 of the Arms Act. The prosecution case, in brief, is that on 06.07.2015 at about 6.00 A.M., five persons namely, Amarjit Singh (petitioner), Samarjit Singh and Santosh Kumar Verma, including two unknown persons boarded on two motorcycles came and abused the mother and sister of the informant and demanded Rs. 2,00,000/- as Rangdari otherwise they will kill and on nonpayment of Rangdari, accused persons fired from their fire arm

Patna High Court Cr.Misc. No.3602 of 2017 (3) dt.29-03-2017 2/3 which hit on the chest of Arun Kumar, elder brother of the informant. At that place, the informant including the deceased, his father and son-in-law of deceased were talking to each other. His elder brother died at the spot. Thereafter accused persons fled away by flashing fire arm in sky. Accordingly, the case was lodged.

The earlier bail application of the petitioner was rejected vide Cr. Misc. No. 33960 of 2016 with a direction to the court below to take all necessary steps to expedite the trial on the ground that the petitioner had caused fatal injury upon the deceased. This is second attempt on behalf of the petitioner for grant of bail.

A report was called for from the court below regarding the stage of the case. It has been reported that the charge has already been framed in the case and it is expected that the trial will be concluded within a period of five months.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in Sessions Trial No. 25 of 2016, arising out of Chandradeep P.S. Case No. 52 of 2015, pending in the court of the learned A.D.J. IInd, Jamui. The court below is directed to take all necessary steps to conclude the trial within a period of five months from the date

Patna High Court Cr.Misc. No.3602 of 2017 (3) dt.29-03-2017 3/3 of receipt/production of copy of the order.

The District Magistrate, Jamui and the Superintendent of Police, Jamui are also directed to take all necessary steps to produce the prosecution witnesses on the date fixed by the court below so that the trial could be concluded within the stipulated period.

Let a copy of this order be communicated to the District Magistrate, Jamui and the Superintendent of Police, Jamui.

(Sudhir Singh, J) U.K./- U T