Brahmachari Dubey @ Mintu Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42359 of 2021 Arising Out of PS. Case No.-201 Year-2018 Thana- NAWANAGAR District- Buxar ====================================================== BRAHMACHARI DUBEY @ MINTU DUBEY Son of Awadh Bihari Dubey Resident of Village - Kadsar, P.S.- Nawanagar (Sonbarsa), District - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Patanjali Rishi, Adv.

For the Opposite Party/s :

Mr.Narsingh Tanti For the informant : Mr. Manish Prakash, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-12-2021 Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner seeks bail in Sessions Trial No. 135 of 2021 Nawanagar (Sonbarsa) P.S. Case No. 201 of 2018 registered under Sections 302, 120B/34 of the Indian Penal Code and 27 of the Arms Act.

Earlier prayer for bail of the petitioner was rejected taking into account that three accused persons including the petitioner made indiscriminate firing on the deceased which led to his death.

A report was called for from the trial court.

Patna High Court CR. MISC. No.42359 of 2021(3) dt.01-12-2021 2/2 It has been reported that charge has been framed and the trial is likely to be concluded within a period of six months. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the nature of accusation, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner is rejected.

Learned trial court is directed to take all necessary steps to conclude the trial of the petitioner preferably within a period of six months from the date of receipt/production of copy of this order.

The District Magistrate and the Superintendent of Police, Buxar are directed to ensure the production of witnesses on the date fixed by the trial court so that the trial could be concluded within the stipulated period of six months. Let a copy of this order be communicated to the District Magistrate and the Superintendent of Police, Buxar for needful.

(Sudhir Singh, J) A.K.V.//- U T