Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25525 of 2021 Arising Out of PS. Case No.-81 Year-2017 Thana- HATHIDAH District- Patna ====================================================== Amit Kumar, son of Tuntun Singh @ Upendra Pd. Singh, resident of VillageAunta, P.S.- Hathidah, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parmod Kumar For the Opposite Party/s :

Ms. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-09-2021 The petitioner, who is in custody since 05.01.2018, has approached this Court to renew his prayer for bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Earlier, the prayer for bail of the petitioner has been twice rejected by this Court.

It is alleged in the F.I.R that petitioner fired from his pistol on the father of the informant which hit on his chest, who died on way, while being taken to the hospital.

Patna High Court CR. MISC. No.25525 of 2021(3) dt.29-09-2021 2/3 It is submitted by learned counsel for the petitioner that petitioner is agnate of the informant and in the background of a petty dispute, the occurrence took place.

It appears that vide order dated 04.08.2021, a report was called for with regard to the present stage of the trial. The report has been received and it has been kept as Flag-A.

The report of the learned Additional District & Sessions Judge, 1st, Barh, Patna reflects that three witnesses have already been examined.

Considering the fact that there is direct allegation against the petitioner to have fired on the chest of the father of the informant, who subsequently died, this Court is not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner is rejected. However, since petitioner is in custody for more than three and half years, Trial Court is directed to

Patna High Court CR. MISC. No.25525 of 2021(3) dt.29-09-2021 3/3 expedite the trial and conclude it within one year. (S. Kumar, J) Shageer/- U T