Ajay Kumar @ Rudan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24917 of 2017 Arising Out of PS.Case No. -469 Year- 2015 Thana -MADHEPURA District- MADHEPURA ====================================================== Ajay Kumar @ Rudan Kumar, son of Dharamlal Yadav, Resident of Village- Turkahi, Navtolia, Police Station- Madhepura (Bharrahi O.P.), District- Madhepura.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Dhirendra Pratap Singh For the Opposite Party/s : Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-08-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act. It is alleged that on 16.08.2015, when the deceased was taking bath, 16-17 persons being armed with weapons surrounded him and started indiscriminate firing upon him, as a result of which, he fell down on the earth and died. The earlier bail application of the petitioner was rejected vide Annexure-1 to the present application, taking into account that he is the assailant as per the statement of the witnesses in para-24 of the case diary.

This is the second attempt for grant of bail on behalf of the petitioner.

Patna High Court Cr.Misc. No.24917 of 2017 (4) dt.30-08-2017 2/2 A report was called for from the court below regarding the stage of the case.

It has been reported by the court below that the case has been committed to the court of Sessions.

Considering the aforesaid facts and circumstances as the petitioner being assailant, I am not inclined to grant bail to the petitioner. The same is rejected in connection with Madhepura (Bharrahi) P.S. Case No.469 of 2015, pending in the court of learned C.J.M., Madhepura.

The trial court is directed to take all necessary steps to conclude the trial preferably within a period of one year from the date of receipt/production of copy of this order. The District Magistrate, Madhepura and the Superintendent of Police, Madhepura are directed to ensure that the prosecution witnesses are produced in the court on the date fixed by the court below, so that the trial could be concluded within the stipulated period, as indicated by the court below. Let a copy of this order be communicated to the District Magistrate, Madhepura and the Superintendent of Police, Madhepura.

(Sudhir Singh, J) Amit/- U T