Arbind Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30558 of 2020 Arising Out of PS. Case No.-301 Year-2020 Thana- DEHRI TOWN District- Rohtas ====================================================== Arbind Kumar Singh, Son of Mahendra Singh, Resident of Village - Chaknaha, P.S.- Indrapuri, District - Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Advocate Mr. Surendra Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-01-2021 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Dehri (T) (Indrapuri O.P.) P.S. Case No. 301 of 2020 for the offence under Sections 147, 148, 149, 341, 326, 307, 506, 120B of the Indian Penal Code and Section 27 of the Arms Act. Later on, Section 302 of the Indian Penal Code has been added. Learned counsel for the petitioner submits that initially the case was registered against unknown under Section 307 and other allied sections of the Indian Penal Code and after five days of the occurrence, the injured died and Section 302 of the Indian Penal Code was added. Learned counsel for the petitioner refers to the statement of the wife of the deceased to highlight that no one has seen the occurrence and it is alleged

Patna High Court CR. MISC. No.30558 of 2020(3) dt.05-01-2021 2/3 that 5-6 unknown miscreants fired on the husband of the informant. The petitioner is in custody since 30.04.2020. The name of the petitioner surfaced during course of investigation on the basis of confessional statement of co-accused Bimlesh Kumar. He further submits that investigation has been completed and charge-sheet has also been submitted and as such there is no likelihood of tampering with the evidence by the petitioner.

Considering the fact that the case was initially registered against unknown and the name of the petitioner surfaced on the basis of confessional statement of co-accused and also the fact that the petitioner is in custody since 30.04.2020, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Dehri, Rohtas in connection with Dehri (T) (Indrapuri O.P.) P.S. Case No. 301 of 2020 with the condition that the petitioner will extend full cooperation in conclusion of the trial.

The trial court is directed to expedite the trial and conclude the same in all respect within a period of one year from the date of receipt of a copy of this order.

Patna High Court CR. MISC. No.30558 of 2020(3) dt.05-01-2021 3/3 The Superintendent of Police, Rohtas is directed to take steps for production of all prosecution witnesses for their examination, so that the trial may be concluded within the time indicated herein above.

In the event, the petitioner causes any delay in conclusion of trial, the trial court shall be at liberty to cancel his bail bonds.

(Anil Kumar Upadhyay, J) uday/- U T