Pawan Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3483 of 2018 Arising Out of PS.Case No. -639 Year- 2017 Thana -SAHARSA District- SAHARSA ======================================================

1. Pawan Rajak, Son of Hero Rajak, Resident of Mohalla- New Colony, Ward No. 8, Behind Water Tanki, P.S. + District- Saharsa. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Mishra, Advocate For the Opposite Party/s : Mr. Gauri Shankar Gupta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 08-03-2018 Heard learned counsel for the petitioner, learned counsel for the informant as well as learned A.P.P. for the State. The petitioner, already in custody, seeks bail in connection with Saharsa P.S.Case No. 639 of 2017, registered under Sections 302, 120 (B), 34 of the Indian Penal Code and 27 of the Arms Act.

Learned counsel for the petitioner submits that on perusal of F.I.R., the informant does not appear to be eye witness. Learned counsel for the informant submits that there is specific allegation against the petitioner causing injuries by fire arm which was found on the person of the deceased and bail of similarly situated co-accused, Gaurav Kumar has earlier been rejected by this Court vide order dated

Patna High Court Cr.Misc. No.3483 of 2018 (4) dt.08-03-2018 2/2 23.01.2018 passed in Cr. Misc. No. 61467 of 2017. Having considered the said facts and circumstances, the prayer for bail of the petitioner stands rejected at this stage.

However, the trial court is directed to expedite the trial preferably in a year, if it does not conclude within that period, the petitioner may renew his prayer for bail.

(Arun Kumar, J) Sudha/- U T