Patna High CourtCR. MISC./32561/2020rejected

Jawala Singh v. The State Of Bihar

2021-01-22Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32561 of 2020 Arising Out of PS. Case No.-491 Year-2018 Thana- BARHARA District- Bhojpur ====================================================== Jawala Singh S/o Ajay Singh @ Rana Pratap Singh R/o village- Mathamalpur, P.S.- Barahara, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Awadhesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-01-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act in connection with Barahara (Sinha O.P.) P.S. Case No. 491 of 2018. Five persons named in the FIR including the petitioner allegedly fired from their respective fire-arms causing injury to Ranglal Yadav, the uncle of the informant, as a result whereof Ranglal Yadav died. The occurrence was committed allegedly for a previous occurrence of assault between two groups of children for playing cricket. The doctor has found three wounds of entry and exit and fourth wounds of entry caused by fire-arm on the person of the deceased.

Patna High Court CR. MISC. No.32561 of 2020(3) dt.22-01-2021 2/2 Learned counsel for the petitioner submits that petitioner is in custody since 27.04.2020. Petitioner is accused in two cases registered under the Bihar Prohibition and Excise Act. Co-accused Satyendra Kumar Singh @ Satendra Singh standing on similar footing has already been allowed bail by a coordinate Bench of this Court vide order at Annexure-2. Annexure-2 does not reveal that the post mortem report was brought to the notice of the Hon'ble Bench which fully corroborates the allegation of firing by different persons. Hence, I am not inclined to enlarge the petitioner on bail for the present. Hence, the prayer for bail is refused. The trial Court is directed to expedite the trial. The petitioner may renew the prayer for bail if no progress takes place in the trial for next nine months.

(Birendra Kumar, J) Mkr./- U T