Abhay Narayan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29157 of 2020 Arising Out of PS. Case No.-226 Year-2018 Thana- RAJPUR District- Buxar ====================================================== ABHAY NARAYAN SINGH Son of Lalan Singh Resident of Village - Debi Dihara, P.S.- Rajpur, District - Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyapal Singh, Adv For the Opposite Party/s :

Mr.Shyam Kumar Singh, APP For the Informant : Mrs. Dimpal Kumari, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-01-2021 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 341,323,302,506/34 of the Indian Penal Code read with Section 27 of the Arms Act. In the past prayer for bail to the petitioner was refused on 27.09.2019 as the petitioner is main assailant of the deceased.

The report of the learned Trial Judge dated 13.11.2020 reveals that out of ten, six chargesheeted witnesses have already been examined by the prosecution. Only four witnesses are to be examined. However, due to Covid-19 effect, no prosecution witness has turned up.

Patna High Court CR. MISC. No.29157 of 2020(4) dt.18-01-2021 2/2 Considering the nature of allegation, I am not inclined to enlarge the petitioner on bail in connection with Sessions Trial No.24 of 2019 arising out of Rajpur P.S.Case No.226 of 2018 pending in the court of learned A.D.J.-III, Buxar. Hence, prayer for bail is refused.

The learned Trial Court is expected to conclude the trial within seven months, failing which the petitioner would renew prayer for bail before the learned court below itself who will pass a reasoned order.

(Birendra Kumar, J) Nitesh/- U T