Sonam Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26536 of 2024 Arising Out of PS. Case No.-170 Year-2022 Thana- AMARPUR District- Banka ====================================================== Sonam Singh S/o- Arjun Singh Village- Maldevchak Ps- Amarpur DistBanka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Y.C. Verma, Sr. Advocate :
Mr. Pratyush Singh, Advocate For the State :
Mr. Tarun Prasad Mandal, APP For the Informant :
Mr. Dhananjay Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-07-2024 Heard Mr. Yogesh Chandra Verma, learned senior counsel for the petitioner, Mr. Dhananjay Kumar Pandey, learned counsel for the informant as well as Mr. Tarun Prasad Mandal, learned A.P.P. appearing on behalf of the State.
2. The petitioner seeks bail, who is in custody since 20.03.2022, in connection with Amarpur P.S. Case No. 170 of 2022, FIR dated 15.03.2022 for the offences punishable under Sections 302, 120(B) and34 of the Indian Penal Code and Section 27 of the Arms Act.
3. Earlier the prayer for bail of the petitioner was twice rejected vide orders dated 02.03.2023 and 06.10.2023 passed in Cr. Misc. No. 51531/2022 and Cr. Misc. No. 67575 of 2023 respectively.
Patna High Court CR. MISC. No.26536 of 2024(4) dt.05-07-2024 2/3
4. As per the prosecution case, the petitioner has fired upon the informant with an intention to kill him but the bullet struck on the shoulder of the uncle of the informant due to which he became injured and during the treatment he died.
5. Learned senior counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in the present case. He further submits that although the uncle of the informant has received the injury but there was no intention to kill the uncle of the informant.
5. Vide order dated 26.04.2024, a report with regard to the present status of the trial was called for. Report of the learned Trial Court dated 03.05.2024 reveals that all the seven prosecution witnesses have already been examined and the case is pending for examination of the defence witnesses.
6. Learned counsel for the informant as well as learned APP for the State, on the other hand, vehemently opposed the prayer for bail of the petitioner and submits that on some of the defence witnesses have already been examined.
7. Considering the facts and circumstances of the case as well as the report of the trial Court, I am not inclined to enlarge the petitioner on bail in connection with Amarpur P.S. Case No. 170 of 2022 pending in the Court of Addl. Sessions
Patna High Court CR. MISC. No.26536 of 2024(4) dt.05-07-2024 3/3 Judge-I, Banka.
8. Prayer is refused.
9. However the learned Trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) ajay/- U T