Abhishek Chandra Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30108 of 2022 Arising Out of PS. Case No.-312 Year-2020 Thana- RAGHOPUR District- Supaul ====================================================== Abhishek Chandra Jha Son Of Prakash Chandra Jha R/O VillageDharampatti, P.S.- Raghopur, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chitranjan Sinha, Sr. Advocate :

Pramod Mishra, Advocate :

Mr. Suraj Kumar, Advocate For the Opposite Party/s :

Mr.Navin Kumar Pandey, APP For the informant :

Mr. Ajay Kr. Thakur, Advocate :

Mr. Nilesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-11-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The present petition is by way of second attempt at the behest of the petitioner for grant of regular bail in connection with Raghopur PS case no. 312 of 2020, registered under Sections 341, 323, 447, 307, 504, 506/34 of the Indian Penal Code and Section 27 of Arms Act, inasmuch as, the earlier petition filed by the petitioner was disposed off with liberty to the petitioner to renew his prayer for grant of bail after framing of charge, vide order dated 03.03.2022, passed in Cr. Misc. no. 43797 of 2021.

The petitioner is alleged to have fired gun shots in the

Patna High Court CR. MISC. No.30108 of 2022(3) dt.09-11-2022 2/3 stomach of the informant as also on the person of the brother of the informant, resulting in one grievous injury being sustained by the brother of the informant and one firearm injury being sustained by the informant.

This Court had called for a report from the learned court of Additional District & Sessions Judge-II, Supaul, whereupon a report has been submitted vide letter dated 11.08.2022, wherein, it has been stated that out of 08 prosecution witnesses, 04 have already been examined, after framing of charge on 26.04.2022 and the trial is likely to be concluded within a short period.

The learned Senior counsel for the petitioner has submitted that the petitioner is languishing in custody since 23.02.2021, hence, the case of the petitioner for grant of bail may be considered sympathetically, especially on account of delay in completion of the on-going trial.

Per contra, the learned counsel appearing for the informant has submitted that out 08 prosecution witnesses, as many as 04 have already been examined, hence, this Court may wait for sometime before admitting the petitioner to the privilege of bail, inasmuch as he has inflicted grievous firearm injury on the brother of the informant as also on the informant.

Patna High Court CR. MISC. No.30108 of 2022(3) dt.09-11-2022 3/3 At this juncture, the learned Senior counsel for the petitioner has submitted that in case, this Court is not inclined to grant bail to the petitioner at the moment, the petitioner be allowed to renew his prayer for bail after a reasonable period, which may be fixed by this Court.

Accordingly, the present petition stands disposed off as not pressed, however, with liberty to the petitioner to renew his prayer for bail after a period of six months from today, in case the trial is yet to be concluded.

(Mohit Kumar Shah, J) rinkee/- U T