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Patna High CourtCR. MISC./13402/2022rejected

Shailesh Singh v. The State Of Bihar

2023-04-10Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28613 of 2021 Arising Out of PS. Case No.-159 Year-2015 Thana- SATHI District- West Champaran ====================================================== BHUSHAN SINGH Son of Late Krit Singh Resident of Village - Bhabhta, P.S.- Sathi, District - West Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 13402 of 2022 Arising Out of PS. Case No.-159 Year-2015 Thana- SATHI District- West Champaran ====================================================== SHAILESH SINGH S/o Vijay Singh @ Vijay Bahadur Singh R/o villageBhabhta, P.S.- Sathi, District- West Champaran (Bihar) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 17179 of 2022 Arising Out of PS. Case No.-159 Year-2015 Thana- SATHI District- West Champaran ====================================================== KISHORI SINGH SON OF LATE NAKCHHED SINGH R/O VILLAGEBHAPTA, P.S.- SATHI, DISTRICT- WEST CHAMPARAN ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 28613 of 2021) For the Petitioner/s :

Mr.Nafisuzzoha,Advocate For the Opposite Party/s :

Mr.A.P.P.

(In CRIMINAL MISCELLANEOUS No. 13402 of 2022) For the Petitioner/s :

Mr.Ram Adya Singh, Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP (In CRIMINAL MISCELLANEOUS No. 17179 of 2022) For the Petitioner/s :

Mr.Anant Kumar Mishra,Advocate For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA

Patna High Court CR. MISC. No.28613 of 2021(3) dt.10-04-2023 2/3 ORAL ORDER 10-04-2023 Heard learned counsel for the petitioners and the learned A.P.P. for the State in these applications. The petitioners seek bail in connection with S.Tr.No.03 of 2016 arising out of Sathi P.S. Case No. 159 of 2015, F.I.R. dated 06.08.2015 registered for the offence punishable under Sections 147,148,149,302,120(B) of the Indian Penal Code and 27 of the Arms Act.

Earlier the prayer for bail of petitioner-Bhushan Singh was twice rejected vide order dated 14.12.2015 passed in Cr. Misc. No. 55920 of 2015 and vide order dated 24.08.2016 passed in Cr. Misc. No. 36486 of 2016. Earlier the prayer for bail of petitioner-Shailesh Singh was twice rejected vide order dated 14.12.2015 passed in Cr. Misc. No. 55920 of 2015 and vide order dated 30.03.2017 passed in Cr. Misc. No. 13508 of 2017. Earlier the prayer for bail of petitioner-Kishori Singh was also refused vide order dated 14.12.2015 passed in Cr. Misc. No. 55920 of 2015 subsequently the petitioner filed another bail petition which was dismissed as withdrawn vide order dated 07.03.2017 passed in Cr. Misc. No. 11212 of 2017 and thereafter the petitioner preferred bail petition which was rejected vide order dated 10.05.2017 passed in Cr. Misc. No. 23041 of 2017.

Patna High Court CR. MISC. No.28613 of 2021(3) dt.10-04-2023 3/3 Vide order dated 13.04.2022, a report was called for with regard to the present status of the trial. Report of the learned Trial Court dated 21.04.2022 reveals that out of ten chargesheet witnesses, nine witnesses have already been examined on 21.04.2022 and rest one witness, i.e. the I.O. of this case, who is yet to be examined.

Learned counsel for the informant submits that during pendency of this bail petition the I.O. has already been examined by the learned Trial Court.

Considering the aforesaid facts, I am not inclined to enlarge the petitioners on bail in connection with S.Tr.No.03 of 2016 arising out of Sathi P.S. Case No. 159 of 2015 pending in the court of learned A.D.J.-IV, Bettiah, West Champaran (petitioner-Bhushan Singh), pending in the court of learned Addl. District and Sessions Judge-9th, Bettiah, West Champaran (petitioners-Shailesh Singh and Kishori Singh). Prayer is refused.

However, the learned Trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) Nitesh/- U T