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Patna High CourtCR. MISC./28330/2023bail rejected

Birbahadur Singh v. The State Of Bihar

2023-08-02Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28330 of 2023 Arising Out of PS. Case No.-27 Year-2020 Thana- AGIAON BAZAR District- Bhojpur ====================================================== BIRBAHADUR SINGH SON OF RANJEET SINGH R/O VILLAGEKHANANIKALAP, P.S.- AGION BAZAR, DISTRICT- BHOJPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-08-2023

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Agion Bazar Police Station Case No. 27 of 2020, registered for the offences punishable under Sections 506/307/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. This is the second attempt on behalf of the petitioner for grant of regular bail. Earlier, the prayer for regular bail of the petitioner was rejected by this Court, vide order, dated 28.04.2022, passed in Criminal Misc. No. 48711 of 2021.

4. The prosecution case, as per the First Information Report, is that the petitioner, along with his father, fired upon the informant, due to which he sustained gun shot injury in his hand.

Patna High Court CR. MISC. No.28330 of 2023(5) dt.02-08-2023 2/2

5. This Court, vide order, dated 05.07.2023, had called for a report from the learned District Court regarding the stage of the case and in pursuance of the said order, a report has been submitted by learned 10th Additional Sessions Judge, Bhojpur, at Ara, and from perusal of the same, it would be evident that out of eight charge sheet witnesses, four have already been examined and the learned Trial Court has given estimated time of three months to conclude the trial.

6. After having heard learned Counsel for the parties and taking into consideration the report of learned 10th Additional Sessions Judge, Bhojpur, at Ara, I am not inclined to grant regular bail to the petitioner, at this stage.

7. This application is, accordingly, dismissed.

8. However, the petitioner will be at liberty to renew his prayer for bail after three months from today, if the trial is not concluded by that period.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √