Upender Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29279 of 2022 Arising Out of PS. Case No.-62 Year-2021 Thana- KHUDWA District- Aurangabad ====================================================== UPENDER SINGH Son of Ramjee Singh Resident of Village - Kalen Tola, Rohan Bigha, P.s.- Kundwan, Distt.- Aurangabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Akhilesh Kumar, Advocate For the Opposite Party/s :
Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-02-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Khudwa P.S. Case No. 62 of 2021, for the offence registered under Sections 147, 149 and 302 of the Indian Penal Code.
The accused persons are alleged to have assaulted the brother of the informant resulting in his death.
At the outset, the learned counsel for the informant has pointed out that all the prosecution witnesses, except the doctor, have been examined by the learned court below, hence, in case the
Patna High Court CR. MISC. No.29279 of 2022(3) dt.07-02-2023 2/2 petitioner is granted bail, the same will impede the trial which is going on a day to day basis. The learned counsel for the petitioner has submitted that similarly situated co-accused persons have already been granted bail by coordinate Benches of this Court vide order dated 25.01.2023, passed in Criminal Miscellaneous No. 5125 of 2022, Criminal Miscellaneous No. 29815 of 2022 and Criminal Miscellaneous No. 29853 of 2022, however, he submits that if the statement made by the learned counsel for the informant is correct to the extent that only one witness is yet to be examined, the petitioner be granted liberty to renew his prayer for bail immediately after completion of six months from today in case the trial is not concluded. Liberty so sought is granted. The petition stands disposed off.
(Mohit Kumar Shah, J) S.Sb/Saurav U T