Pawan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28575 of 2022 Arising Out of PS. Case No.-217 Year-2013 Thana- AKBARPUR District- Nawada ====================================================== PAWAN SINGH SON OF LAKHAN SINGH RESIDENT OF VILLAGE - BAGHOR, PS- GOVINDPUR, (WRONGLY MENTIONED IN F.I.R AS ROH PS) DIST- NAWADA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.V ibhuti Ranjan Sonvadra, Advocate For the Opposite Party/s :

Mr. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 307, 324, 448 and 34 of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, the petitioner is said to have fired two shots from his pistol hitting the informant in his stomach.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The manner of occurrence is other than what has been narrated in the

Patna High Court CR. MISC. No.28575 of 2022(6) dt.16-01-2023 2/3 FIR. The informant himself is a veteran criminal and as per instructions received even today, he is in custody. The petitioner is in custody since 30.12.2020 and could not surrender earlier for reasons beyond his control. Charge has been framed in the learned trial Court and the petitioner undertakes to cooperate in the trial.

The application for bail is opposed by learned APP for the State who submits that in a case of the year 2013, the petitioner could be arrested only on 30.12.2020. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the FIR wherein he is said to have fired twice hitting the informant in his stomach together with the petitioner having remained at large for a period of 7 years till he was taken into custody on 30.12.2020, the Court is not inclined to enlarge the petitioner on bail for the present.

Charge having been framed on 1.8.2022, learned trial Court is directed to expedite the trial.

Liberty is granted to the petitioner to renew his prayer for bail in the learned trial Court if there is no substantial progress in the trial in the next six months for no fault of the petitioner. If such an application is preferred by the petitioner,

Patna High Court CR. MISC. No.28575 of 2022(6) dt.16-01-2023 3/3 the same shall be considered by the learned trial Court on its own merit without being prejudiced by this order of rejection. (Partha Sarthy, J) Prakash/- U