Dara Singh @ Abhijeet Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19127 of 2022 Arising Out of PS. Case No.-28 Year-2019 Thana- KACCHWA District- Rohtas ====================================================== DARA SINGH @ ABHIJEET SINGH SON OF BADSHAH SINGH @ BADSAH SINGH R/O VILLAGE- SOHADA, P.S.- KACHHAWAN, DISTRICT- ROHTAS AT SASARAM ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghunandan Kumar Singh, Adv.

For the State :

Ms. Rina Sinha, APP For the Informant : Mr. Shashi Kant, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-12-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 302 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, the petitioner is said to have shot the son of the informant with a pistol. It is submitted by learned counsel for the petitioner that the earlier prayer for bail of the petitioner was rejected vide order dated 5.3.2020 passed in Cr. Misc. no.70541 of 2019 and order dated 7.4.2021 passed in Cr. Misc. no.30752 of 2020. While raising a defence of alibi, it is submitted by learned counsel for the petitioner that inspite of the direction of this Court as contained in order dated 7.4.2021 to conclude the trial

Patna High Court CR. MISC. No.19127 of 2022(3) dt.23-12-2022 2/2 within nine months, the trial has still not concluded inspite of one year eight months having passed. The petitioner undertakes to cooperate in the trial.

The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant. Learned counsel for the informant submits that the examination of the witnesses has concluded and the case is fixed for argument.

A report was called for from the learned trial court. From the report received contained in letter dated 29.6.2022, all thirteen chargesheeted prosecution witnesses have been examined.

Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner of being the main/sole assailant of the deceased together with the progress in the trial in the learned trial court, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

Learned trial court is directed to expedite the trial. (Partha Sarthy, J) Saurabh/- U T