Bharat Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33325 of 2020 Arising Out of PS. Case No.-230 Year-2019 Thana- KATORIYA District- Banka ====================================================== BHARAT RAY Son of Late Jagdish Ray, Resident of Village - Kharipar, P.S.- Katoriya, Distt.- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vibhakar Kumar, Adv.

For the Opposite Party/s :

Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-12-2020 Heard both sides through Video Conferencing.

Petitioner seeks bail in Katoriya P.S. Case No.230 of 2019 registered under Sections 448, 454, 302 and 34 of the IPC. The informant alleged that in the night of 07.12.2019 at about 12:00 his neighbours Bharat Ray (petitioner), Ranjeet Ray, Chandan Ray, Guddu Ray, Binod Ray and Horla Ray scaled over the roof of his house and entered inside the courtyard. The informant further alleged that the accused persons asked the informant and others to give possession of the land and there was some verbal altercation. Bharat Ray gave axe blow on his son Pawan Kumar. The blow hit on the eye of Pawan Kumar and he died on the spot. On alarm, all the accused persons fled away.

Learned counsel for the petitioner submits that there is

Patna High Court CR. MISC. No.33325 of 2020(2) dt.15-12-2020 2/3 a land dispute between two sides. The witnesses have made omnibus and general allegation during course of investigation. The petitioner is in jail for about one and half years and there is no substantive progress in the trial. It is further submitted that the case has not yet been committed to the Court of Sessions, but it appears that there is specific allegation against the petitioner that he gave axe blow on Pawan Kumar, who died on the spot. The axe was also recovered from the place of occurrence.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

The learned Judicial Magistrate, who is in seisin of the case, is directed to commit the case forthwith to the Court of Sessions and on such, the learned Sessions Judge or any other Additional Sessions Judge, in whose court the case is transferred, shall hold the trial on day to day basis and conclude the same within nine months from the date of framing of charge. The Superintendent of Police, Banka is directed to ensure the presence of prosecution witnesses so that the trial must be concluded within nine months.

Let a copy of this order be sent to the Sessions Judge,

Patna High Court CR. MISC. No.33325 of 2020(2) dt.15-12-2020 3/3 Banka as well as the Superintendent of Police, Banka for information and needful.

(Prabhat Kumar Jha, J) Harish/- U T