Patna High CourtCR. REV./431/2019dismissed

Rakesh @ Vikas Kumar Singh v. The State Of Bihar

2019-08-01Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.431 of 2019 Arising Out of PS. Case No.-300 Year-2011 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Rakesh @ Vikas Kumar Singh Son of Sanjay Singh Resident of Village - Puraini, P.S.- Mali, Distt - Aurangabad.

... ... Petitioner/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailesh Kumar Singh For the Respondent/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

This Criminal Revision has been preferred against the order dated 19.02.2019 passed by the 1st Additional Sessions Judge, Aurangabad in Criminal Appeal No.06 of 2019/ 3 of 2019, whereby and where under the 1st Additional Sessions Judge, Aurangabad has affirmed the order dated 19.01.2019 passed by the Juvenile Justice Board, Aurangabad in connection with Aurangabad Town P.S. case No.300 of 2011, whereby learned Juvenile Justice Board, Aurangabd has rejected the prayer for bail of the petitioner in connection with Aurangabad Town P.S. case No.300 of 2011, registered under Sections 307, 120(B), 302/34 of I.P.C. and 27 of the Arms Act. Allegation is that the petitioner had shot fire in abdomen of informant's mother, namely, Kiran Devi, due to which she received grievous injury. Later on she died.

Patna High Court CR. REV. No.431 of 2019(4) dt.01-08-2019 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.07.2018. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this case. There is no other substantive evidence to suggest the implication of the petitioner in the present case.

On behalf of the State, it has been submitted that the petitioner is the main assailant, who is alleged to have fired upon the deceased, due to which the deceased died. The report of the Probation Officer reveals that the petitioner is a habitual offender and has got criminal antecedent.

Considering the aforesaid facts and circumstances, I find no reason to interfere with the order dated 19.02.2019 passed by the 1st Additional Sessions Judge, Aurangabad in Criminal Appeal No.06 of 2019/ 3 of 2019 as well as the order dated 19.01.2019 passed by the Juvenile Justice Board, Aurangabad in connection with Aurangabad Town P.S. case No.300 of 2011.

The revision application stands dismissed. Court concerned is directed to expedite the trial of the petitioner and try to conclude it at the earliest.

(Sudhir Singh, J) Narendra/- U T