Baijanath Purvey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16242 of 2019 Arising Out of PS. Case No.-663 Year-2018 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Baijanath Purvey Son of Late Ramchandra Purvey Resident of VillageMadhaul Sane, P.S.- Runnisaidpur, District- Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 22688 of 2019 Arising Out of PS. Case No.-663 Year-2018 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Amarnath Kumar @ Chunnu Singh Son of Shyam Singh Resident of Village - Madahul Sani, P.S.- Runnisaidpur, Distt - Sitamarhi. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 16242 of 2019) For the Petitioner/s :

Mr.Jagjit Roshan, Adv For the Opposite Party/s :

Mr.Satyavrat Verma, APP (In CRIMINAL MISCELLANEOUS No. 22688 of 2019) For the Petitioner/s :

Mr.Jagjit Roshan, Adv For the Opposite Party/s :

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-06-2019 Heard learned counsel for the petitioners and learned APP for the State in both the applicaitons. Petitioners seek bail in a case registered for the offences punishable under Sections 302,307/34 of the Indian Penal Code and 27 Arms Act.

According to FIR, 11 named person including

Patna High Court CR. MISC. No.16242 of 2019(5) dt.21-06-2019 2/3 the petitioners indiscriminately fired at the son of the informant and at his nephew. Both sustained firearm injury and subsequently died. The Doctor has found four firearm injuries on vital part of the body of deceased-Deepak Kumar and eight firearm injuries on the body of deceased-Dinkar Singh. Other eye witnesses, who were present at the time of occurrence, have supported the allegation against the petitioners before the police. Submission of learned counsel for the petitioners is that allegation is general and omnibus. The informant has dispute with co-accused-Ranjeet Singh and the petitioners are helper in the family affairs of Ranjeet Singh. Therefore, they have been falsely implicated in this case. Allegation is not specific against the petitioners. They are in custody since 04.11.2018. Further submission is that the petitioners have got no criminal antecedent and they were arrested by the police on the same day from their house.

Considering the nature of allegation against the petitioners and corroborative material, I am not inclined to enlarge them on bail in connection with Runnisaidpur P.S.Case No.663 of 2018 pending in the court of learned Additional Chief Judicial Magistrate-1st, Sitamarhi. Hence, prayer is refused.

Patna High Court CR. MISC. No.16242 of 2019(5) dt.21-06-2019 3/3 Learned Trial Court is directed to expedite the trial and conclude the same within one year from the date of framing of the charge, failing which the petitioners may renew prayer for bail before the learned court below itself. (Birendra Kumar, J) Nitesh/- U T