Patna High CourtCR. MISC./2143/2021dismissed

Binod Rai v. The State Of Bihar

2021-03-15Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2143 of 2021 Arising Out of PS. Case No.-418 Year-2016 Thana- PATORI District- Samastipur ====================================================== BINOD RAI S/o Shri Baijnath Rai R/o village- Hardaspur, P.S.- Patori Mohanpur, District- Samastipur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Renuka Sharma, Adv.

For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 15-03-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Patori P.S. Case No. 418 of 2016 (Session Trial No. 618/18/345/18) registered for the offence punishable under Sections 147, 148, 324 and 302 of the Indian Penal Code and Section 27 of Arms Act.

Earlier prayer for bail of the petitioner has been twice rejected by this Court vide Cr. Misc. No. 79866 of 2018 dated 26.02.2019 and vide Cr. Misc. No. 64221 of 2019 dated 06.11.2019 with liberty to petitioner to renew his prayer for bail after two years of custody in jail.

Report was called for with respect to stage of trial and it is stated in report send by trial court that 6 witnesses out of 11

Patna High Court CR. MISC. No.2143 of 2021(5) dt.15-03-2021 2/2 witnesses have been examined.

Allegation against petitioner is that he fired upon the husband of the informant by pistol, which hit on his chest, as a result of which, he died on the spot.

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

However, trial court is directed to expedite and conclude the trial within six months from the date of receipt/production of a copy of order passed by this Court. Petitioner may renew his prayer for bail if Trial is not concluded within 6 months from date of receipt of copy of this order by the Trial Court.

(S. Kumar, J) veena/- U T