Jaymangal Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20843 of 2022 Arising Out of PS. Case No.-75 Year-2020 Thana- PURNAHYA District- Sheohar ====================================================== Jaymangal Jha, Son of Balbhadra Jha, Resident of Dostiya North, Purnahia, P.S.- Purnahia, District- Sheohar, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. N.K. Agrawal, Sr. Advocate Mr. Kumar Rajdeep, Advocate Mr. Arvind Kumar, Advocate Mr.Preety Kunwar, Advocate For the State :

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-02-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Purnahia P.S. Case No.75 of 2020 registered for the offence punishable under Sections 120B, 302/34 of the Indian Penal Code and Section 27 of the Arms Act, which is pending in the court of learned Additional Chief Judicial Magistrate-II, Sheohar. On 09.08.2021, petitioner's prayer for bail was rejected in Cr.Misc. No.8610 of 2021.

The specific allegation of causing firearm injury on the right temporal region of the deceased (son of the informant) is alleged against the petitioner.

Considering the gravity of allegation and the material on record, prayer was rejected.

Mr. N.K. Agrawal, learned Senior Counsel appearing for the petitioner submits that the petitioner is in custody since

Patna High Court CR. MISC. No.20843 of 2022(7) dt.02-02-2023 2/2 15.07.2020. Investigation is complete.

The Court had earlier requisitioned report regarding current stage of the trial. Report suggests that summons has been issued against the witnesses for recording their evidence, but till date, not a single witness has turned up. In view of the circumstance and having regard to the antecedents of the petitioner, this Court today is not inclined to take a different view. The prayer for bail is rejected. The trial court, however, is expected to make all endeavours so as to conclude the trial expeditiously, without undue delay and preferably within six months. Copy of this order may be forwarded to the Superintendent of Police, Sheohar for ensuring the progress in the trial.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T