Patna High CourtCR. MISC./16167/2023bail rejected

Manish Kumar v. The State Of Bihar

2023-03-15Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16167 of 2023 Arising Out of PS. Case No.-97 Year-2021 Thana- BARIYARPUR District- Munger ====================================================== MANISH KUMAR S/O RAM NATH MANDAL R/O VILLAGEGANDHIPUR, P.S- BARIYARPUR, DISTT,- MUNGER. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dr.Mrityunjaya Kr.Gautam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-03-2023 Heard the parties.

The petitioner is in judicial custody in connection with S.Tr. No. 284 of 2021 arising out of Bariarpur P.S. Case No. 97 of 2021 for the offence registered under Sections 307, 326, 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per the FIR, the informant (deceased) narrated the story that when he was sitting outside his house, one Suman Kumar came on a motorcycle in which the present petitioner accused, Manish Kumar was also seated and he further alleged that the petitioner herein opened fire which hit left side of his chest. As the villagers gathered, the accused persons fled away. The informant was taken for treatment to Hospital and after first aid was referred to Sadar Hospital, Munger and thereafter to

Patna High Court CR. MISC. No.16167 of 2023(2) dt.15-03-2023 2/2 Patna, but he succumbed to his injury later.

There is specific allegation against the petitioner that he opened fire which hit on the left side of the chest of the deceased.

Nothing new has come up to take a second view. The bail application is accordingly rejected.

Considering the fact that the petitioner is in custody since 27.08.2021 (as stated in paragraph-15 of the bail petition), learned Trial Court is directed to take immediate steps for concluding the trial at an earliest preferably within a period of nine months from today failing which a report be submitted for the reasons for delay.

(Rajiv Roy, J) Jagdish/ NehaU T