Sanjay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44541 of 2021 Arising Out of PS. Case No.-227 Year-2018 Thana- CHAUSA District- Madhepura ====================================================== SANJAY SINGH S/o - Khantar Singh R/o Village- Khoparia, P.S. - Chousa, District- Madhepura.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Singh For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-04-2022 Heard learned counsel for the parties.

The petitioner seeks bail in a case registered for the offence under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per the F.I.R., on 29.08.2018 at about 5:30 PM, while the informant and his brother were returning home, all the thirteen FIR named accused persons including this petitioner surrounded the brother of informant and thereafter, co-accused Bijendra Mehta and Manish Kumar caught hold of him and on the order of co-accused Dharmdeo Singh, Sunil Singh (petitioner), Sanjay Singh and Pawan Singh opened fire on the brother of informant, as a result of which, he died on the spot itself.

It is submitted on behalf of petitioner that all the

Patna High Court CR. MISC. No.44541 of 2021(5) dt.07-04-2022 2/2 charge-sheeted witnesses have already been examined except the I.O. and the doctor and petitioner is in custody since 26.06.2020.

However, learned A.P.P. for the State opposed the bail petition and submitted that petitioner was one of the participants, who fired upon the deceased.

Considering the allegation levelled against the petitioner and the progress of the trial, the bail petition of petitioner is rejected. However, the learned trial court is directed to conclude the trial as early as possible preferably within a period of nine months from the date of receipt / production of copy of this order.

(Prabhat Kumar Singh, J) anay/- U T