Bhikhari Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.32625 of 2020 Arising Out of PS. Case No.-228 Year-2018 Thana- SURYAGARHA District- Lakhisarai ====================================================== BHIKHARI SINGH S/o Radhay Singh R/o village- Nandpur, P.S.- Suryagarha, District- Lakhisarai ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ramakant Sharma, Sr.Advocate Mr.Ashok Kumar Jha,Advocate For the Opposite Party/s :

Ms.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 10-12-2020 Learned counsel for the petitioner undertakes to remove all the defects pointed out by the Stamp Reporter within four weeks after start of normal functioning of the Court. Heard Mr. Ramakant Sharma, learned Senior Counsel for the petitioner and Ms. Sucheta Yadav, learned APP for the State.

The petitioner in the present case is seeking regular bail in connection with Suryagarha P.S. Case No. 228 of 2018 registered for the offence punishable under Sections 302, 394/34 of the Indian Penal Code and Section 27 of the Arms Act. Learned Senior Counsel for the petitioner submits that this petitioner is alleged to be the main assailant and the allegation is that he fired upon the deceased but learned Senior Counsel submits that the petitioner is in jail in connection with

Patna High Court CR. MISC. No.32625 of 2020(3) dt.10-12-2020 2/2 this case for over one year and no progress is being made in the case to expedite the trial.

On the other hand, learned APP for the State while opposing the prayer for regular bail of the petitioner submits that the learned court below may be directed to expedite the trial.

Having regard to the facts and circumstances of the case, wherein this petitioner is the main assailant, this Court is not inclined to grant regular bail to the petitioner. The prayer for regular bail of the petitioner is, thus, refused.

So far as the grievance of learned Senior Counsel is concerned, if the records have yet not been committed the learned court below shall take appropriate steps to commit the records and then the trial court may proceed to conclude the trial expeditiously.

The application is disposed of accordingly.

(Rajeev Ranjan Prasad, J) SUSHMA2/Rajeev U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.