Rakesh Kumar @ Rakesh Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49740 of 2016 Arising Out of PS.Case No. -636 Year- 2014 Thana -GAYA KOTWALI District- GAYA ====================================================== Rakesh Kumar @ Rakesh Sao, son of Mahabir Prasad @ Mahabir Sao, Resident of village- Mauriya Ghat, Riverside Road, P.S. Kotwali, DistrictGaya. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 147, 148, 149, 323, 307, 302 and 120B of the Indian Penal Code.

The prosecution case, in brief, is that the petitioner along with Bimal Sao is alleged to have assaulted on the head of Arun Kumar by rod and hammer due to which he sustained injuries and fallen down and thereafter they assaulted Anjay Kumar and driver of Arun Kumar, who also sustained injuries. Later on, Arun Kumar succumbed to the injuries. The occurrence is alleged to have taken place due to land dispute. Earlier the bail application of the petitioner was rejected vide Annexure-1 to the present application with direction

Patna High Court Cr.Misc. No.49740 of 2016 (3) dt.15-02-2017 2/2 to conclude the trial within a period of one year from the date of receipt/production of copy of this order. It is second attempt made on behalf of the petitioner for grant of bail. As per allegation, the petitioner is one of the assailants, who caused injury on the head of the deceased. The said fact is also corroborated from the postmortem report. A report was called for from the trial Court regarding the stage of the case. It has been reported that charge could not be framed as the accused are taking adjournments on the ground of filing revision before the Hon'ble High Court against the order rejecting the application for discharge.

Considering the aforesaid facts and circumstances, I do not find any fresh ground to reconsider the application of the petitioner. The same is rejected in connection with Kotwali P.S. Case No. 636 of 2014, corresponding to S.Tr. No. 14 of 2016/32 of 2016, pending in the court of learned Additional Sessions Judge-8, Gaya.

(Sudhir Singh, J) Amit/- U T