Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19294 of 2022 Arising Out of PS. Case No.-31 Year-2020 Thana- MAHINDWARA District- Sitamarhi ====================================================== ABHISHEK KUMAR Son of Ram Vinod Ray @ Vinod Ray Resident of Village - Surgidih, P.s.- Mahindwara, Distt.- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar,Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has renewed his prayer for bail in a case registered under sections 307, 120B and 34 of the Indian Penal Code and sections 25(1-B)(a) and 27 of the Arms Act. The allegation against the petitioner is of having fired on the informant hitting him in his back.

It is submitted by learned counsel for the petitioner that the earlier prayer for bail of the petitioner were rejected vide orders dated 4.2.2021 and 24.11.2021 (Annexure-1 series) directing the learned trial Court to conclude the trial expeditiously preferably within a period of three months from the date of receipt of a copy of the order. It is submitted that besides having a good case on merits there is no chance of the

Patna High Court CR. MISC. No.19294 of 2022(3) dt.20-07-2022 2/2 conviction of the petitioner. As such the petitioner having remained in custody since 16.4.2020 and the trial not having concluded yet, he may be enlarged on bail. He undertakes to cooperate in the trial.

A report was called for from the learned trial Court. As per the report received contained in letter dated 1.7.2022 the case is running for defence evidence since 17.6.2022. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner, 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 and to conclude the same at the earliest preferably within a period of three months from the date of conclusion of examination of the defence witnesses.

(Partha Sarthy, J) Prakash/- U