Jitendra Singh @ Jitendra Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32636 of 2019 Arising Out of PS. Case No.-86 Year-2017 Thana- ARA MUFFSIL District- Bhojpur ====================================================== JITENDRA SINGH @ JITENDRA KUMAR SINGH Son of Sri Ram Singh Resident of Village - Ganghar, P.S.- Arrah, (Muffasil), District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mithilesh Kumar Rai For the Opposite Party/s :
Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-08-2019 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in Arrah Muffasil P.S. Case No. 86 of 2017, instituted for the offence under Section(s) 341, 323, 504, 307 of the Indian Penal Code and Section 27 of the Arms Act pending in the court of learned Additional Chief Judicial Magistrate-5th, Bhojpur (Arrah). It is alleged in the written report that on the date of occurrence cousin brother of the informant Jitender Singh (petitioner) had come to the house. On that very date on account of family dispute, Krishna Singh (petitioner) and his mother Parwati Devi started abusing the informant. When the informant and his mother protested, petitioner came out from his room taking pistol in his hand and fired shot which hit on
Patna High Court CR. MISC. No.32636 of 2019(5) dt.08-08-2019 2/3 the back of the informant, on account of which he fell down on the ground. Thereafter, petitioner again shot fire on the back of the informant.
Case diary has been received.
The injury report is available in the case diary wherein the Doctor has found two firearm injuries on the back of the informant.
Report was called for from the court below which has been received. From the report it appears that other coaccused who were granted bail are not appearing on the date fixed by the court below, on account of which, the disposal of the case is being delayed.
Keeping in view the specific allegation against the petitioner as well as the conduct of other co-accused who after grant of bail are not appearing in the court below, causing delay in commitment of case, this Court is not inclined to grant bail to the petitioner at this stage.
Prayer for bail of the petitioner stands rejected. The trial court is directed to commit the case of petitioner within fifteen days from the date of receipt of this order. The Sessions Court shall expedite the trial and make efforts to conclude the same as early as possible preferably
Patna High Court CR. MISC. No.32636 of 2019(5) dt.08-08-2019 3/3 within a period of nine months from the date of receipt of this order.
Petitioner is given liberty to renew his prayer for bail in the event trial is not concluded within aforesaid period. (Sanjay Priya, J) S.Ali/- U T