Vicky Rai @ Vicky Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19845 of 2023 Arising Out of PS. Case No.-367 Year-2021 Thana- DANAPUR District- Patna ====================================================== 1.
Vicky Rai @ Vicky Kumar 2.
Pancham Rai @ Pawan Kumar Both are S/O Bijendra Rai @ Bicchu @ Bicchu Rai R/O Mohalla- Saguna Khara Kuan, P.S- Danapur, Distt. Patna ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajendra Narayan, Sr.Advocate : Mr.Mithilesh Kr. Arya,Advocate For the Opposite Party/s :
Mr.Vinod Shanker Modi,APP For the Informant : Mr. Shiv Shankar Prasad Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-08-2023 Heard Mr. Rajendra Narayan, learned senior counsel appearing for the petitioners, Mr. Shiv Shankar Prasad Singh, learned counsel for the informant and the learned A.P.P. for the State.
2. The petitioners seek bail in connection with S.Tr.No.63 of 2022 arising out of Danapur P.S. Case No. 367 of 2021, F.I.R. dated 30.05.2021 registered for the offence punishable under Sections 326,307,34 of IPC and Section 27 of the Arms Act.
3. Allegation against the petitioners is that the informant Arshad Hussain on 30.05.2021 at about 9.30 AM, while he was going to big Haweli from his small Haweli for the
Patna High Court CR. MISC. No.19845 of 2023(4) dt.10-08-2023 2/3 purpose of making arrangement of marriage of is relative Haider, and as soon as he reached near the big Haweli, then the petitioners Vikki Rai and Pancham Rai started firing at him by the respective pistols hitting in abdomen and his hand. Out of the above gun-shots, the informant received two gun-shots in his hand. Thereafter, accused persons chased the informant and tried to break the door of the house where informant was residing. When the neighbours assembled, the informant was saved anyhow.
4. Learned counsel appearing for the petitioners submits that the petitioners have falsely been implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the petitioners have not committed any offence as alleged in the FIR.
5. Vide order dated 06.07.2023, a report was called for with regard to the present status of the trial. Report dated 12.07.2023 of the learned Trial Court reveals that out of six chargesheet witnesses, five witnesses have already been examined and only one witness is remained to be examined.
6. Learned counsel for the informant and learned APP for the State, on the other hand, have vehemently opposed the prayer for bail of the petitioners and submits that the petitioners
Patna High Court CR. MISC. No.19845 of 2023(4) dt.10-08-2023 3/3 carries two more cases other than the present one.
7. In view of the report of the learned Trial Court, I am not inclined to enlarge the petitioners on bail in connection with S.Tr.No.63 of 2022 arising out of Danapur P.S. Case No. 367 of 2021 pending in the court of learned Additional Sessions Judge-VI, Danapur, Patna.
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) Nitesh/- U T