Rajan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27854 of 2020 Arising Out of PS. Case No.-31 Year-2019 Thana- PIPRIYA District- Lakhisarai ====================================================== Rajan Kumar Son of Late Uday Singh Resident of Village - Walipur, P.S. - Pipariya, District - Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Y C Verma Sr. Adv. with Mr. Anuj Kumar, Adv.

For the Informant :

Mr. Chandra Moleshwar, Adv.

For the State :

AG ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 25-01-2021 Heard learned senior counsel for the petitioner, learned APP for the State and counsel for the informant.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon Earlier, prayer for bail of the petitioner has been rejected by this Court vide order dated 04.12.2019 passed in Cr Misc No 52590 of 2019 (Annexure-1).

The petitioner seeks bail in Pipariya P. S. Case No. 31 of 2019 instituted for the offence under Section(s) 302/34 of the Indian Penal Code.

The allegation is that the petitioner along with others have taken away some land produce and on objection being raised by the prosecution party, the informant's brother has been assaulted on the left arm by the co-accused, namely, Vikash Kumar. After the victim has fallen as a result of such injury. It is alleged that the

Patna High Court CR. MISC. No.27854 of 2020(2) dt.25-01-2021 2/2 petitioner has assaulted the victim and his blow on the chest of the victim has proved fatal.

Learned senior counsel submits that in the background of land dispute and the fact that only a single blow has been alleged the petitioner's prayer for bail should be considered. It was based on the same submissions that this Court, earlier, on 04.12.2019 has rejected the prayer for bail.

The learned counsel for the State and counsel for the informant have opposed the prayer for bail. It is submitted that since the petitioner has given the fatal blow that also after the victim had already fallen on the ground. The gravity of the allegation does not entitle the petitioner the grant of bail at the moment.

Prayer for bail is rejected.

The Trial Court is, however, directed to expedite the trial without any unnecessary adjournment/delay and expeditiously. (Madhuresh Prasad, J) shyambihari/- U