Surendra Ray @ Surendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17183 of 2023 Arising Out of PS. Case No.-248 Year-2020 Thana- PATORI District- Samastipur ====================================================== SURENDRA RAY @ SURENDRA RAI SON OF MR. JANTU RAY RESIDENT OF VILLAGE - UTTARI DUMARI, PS- PATORI (MOHANPUR OP) DISTRICT- SAMSTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. S.K. Lal, Adv.

Mr. Rudal Singh, Adv.

For the Opposite Party/s :

Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-04-2023 Heard Mr. S.K. Lal, learned counsel for the petitioner and Mr. Akshay Lal Pandit, learned APP for the State.

2. The petitioner renews his prayer for bail in connection with Shahpur Patori PS Case No. 248 of 2020 dated 13.07.2020 registered under Sections 147, 148, 302, 341, 504 of the IPC and Section 27 of the Arms Act.

3. This is the second attempt for grant of regular bail on behalf of the petitioner inasmuch as earlier bail application of the petitioner was dismissed vide order dated 05.05.2022 passed in Cr. Misc. No. 59494/2021(Annexure-1).

4. The prosecution story, as per FIR, is that the petitioner has allegedly fired upon the son of the informant due to which he died.

5. Learned counsel for the petitioner submits that there is land dispute between the parties and the both the parties

Patna High Court CR. MISC. No.17183 of 2023(3) dt.19-04-2023 2/2 are next door neighbours. He next submits that other accused persons had also assaulted the son of informant due to land dispute between the parties. It is next submitted that the petitioner has got clean antecedent and he is in custody since 07.04.2021.

6. This Court vide order dated 22.03.2023 had called for a report from 7th Additional Sessions Judge, Samstipur and in pursuance thereof, the report has been submitted vide Letter No. 84/2023 dated 31.03.2023 and from perusal of the same, it transpires that the learned trial court has given estimated time for completion of the trial within six months.

7. Regard being had to the allegation and the fact that the bail application of the petitioner was earlier rejected on merit, I am not inclined to grant regular bail to the petitioner at this stage. The same is, hereby, rejected.

8. However, the petitioner may renew his prayer for bail after six months if the trial does not record any substantial progress.

(Anil Kumar Sinha, J) perwez U T