Braj Kishore Singh @ Jatta Singh @ Jaita Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32694 of 2020 Arising Out of PS. Case No.-173 Year-2014 Thana- LALGANJ District- Vaishali ====================================================== BRAJ KISHORE SINGH @ JATTA SINGH @ JAITA SINGH, S/o Vidya Singh, Resident of Village-Salempur Diar, P.S.-Lalganj, District-Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bela Singh For the Opposite Party/s :

Mr.Narendra Kr. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-01-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

Prosecution case in brief is that the informant stated therein that on 08/09.08.2014 night for land dispute came at his door and started abusing his father Jai Mangal Singh and when his father protested, the petitioner after pointing out dagger proceeded towards his father and then co-accused Rajesh Singh caught his father Jaimangal Singh and the petitioner stabbed dagger in the stomach of his father thereafter both fled away and when he tried to catch the accused persons, the petitioner gave dagger blow near his left eye-brow and caused injury and his

Patna High Court CR. MISC. No.32694 of 2020(3) dt.20-01-2021 2/3 father succumbed to his injury.

Vide order dated 16.12.2020 a report was called for from the learned court below regarding the stage of trial. In compliance of the order dated 16.12.2020, a report is kept at Flag 'R'. The learned Sessions Judge, Vaishali at Hajipur vide his letter no. 38/2020 dated 22.12.2020 has reported that the defence evidence has been closed and the case is fixed for argument.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The petitioner is in jail custody since 03.06.2020. The petitioner has no criminal antecedent.

Learned APP for the State opposes the prayer for bail petition.

Considering the aforesaid facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected in connection with Sessions Trial No. 231/2017 arising out of Lalganj P.S. Case No. 173/2014 from the Court of learned Sessions Judge, Vaishali at Hajipur.

Accordingly, this application is dismissed.

However, the learned court below is directed to

Patna High Court CR. MISC. No.32694 of 2020(3) dt.20-01-2021 3/3 conclude the trial as expeditiously as possible preferably within a period of three months from today. Both the parties are directed to extend their cooperation in early conclusion of the trial.

(Anjani Kumar Sharan, J) amitkumar/- U T