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Patna High CourtCR. MISC./40172/2021bail rejected

Rahul Kumar v. The State Of Bihar

2022-04-06Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40172 of 2021 Arising Out of PS. Case No.-87 Year-2021 Thana- KOILWAR District- Bhojpur ====================================================== RAHUL KUMAR, S/o Sudarshan Ray Resident of Village- Pachrukhiya Kala, P.S.- Koilwar, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hemendra Prasad Singh, Sr. Advocate Mr.Ramashray Roy, Advocate For the the informant :

Mr. Dharmesh Kumar Shrivastava, Advocate For the State :

Mr. Choubey Jawahar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 06-04-2022 Heard learned counsel for the petitioner, learned counsel appearing on behalf of informant and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks regular bail in connection with Koilwar P.S. Case No. 87 of 2021, registered for the offence punishable under Sections 341, 323, 504, 506 and 307/34 of the Indian Penal Code and Section 27 of the Arms Act. The allegation is against the accused persons named in the F.I.R., including the petitioner, that they resorted to fire made to the informant and his son in course of altercation, which has taken place in movement of tractor in which two sons of the informant sustained injury and one son died in course of

Patna High Court CR. MISC. No.40172 of 2021(5) dt.06-04-2022 2/2 treatment.

Taking into consideration the nature of allegation made in the F.I.R. and the material, which has surfaced in course of investigation, I am not inclined to enlarge the petitioner on bail, at this stage. Accordingly, the prayer for grant of regular bail is rejected.

The Superintendent of Police, Vaishali at Hajipur is directed ensure the presence of all the prosecution witnesses before the trial Court on the date fixed without fail. However, the learned trial Court is directed to conclude the trial expeditiously, well within a period of nine months. If no substantial progress takes place in trial, the petitioner, if so advised, may renew his prayer for bail after nine months.

(Purnendu Singh, J) manish/- U T