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Patna High CourtCR. MISC./40765/2019bail rejected

Radhe Shyam Singh v. The State Of Bihar

2019-07-31Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40765 of 2019 Arising Out of PS. Case No.-42 Year-2018 Thana- LAHERIYASARAI District- Darbhanga ====================================================== RADHE SHYAM SINGH, S/o Late Ajay Singh, R/o Village/Mohalla- Beta Sahganj, P.S.- Laheriasarai, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 31-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Laherisasarai (Beta OP) P.S. Case No.42 of 2018 instituted for the offence under Section(s) 341, 324, 307 Indian Penal Code and Section 27 and 25(1-b) A of the Arms Act pending in the Court of the Chief Judicial Magistrate, Darbhanga.

Prayer of the petitioners for bail was earlier rejected by this Court by order dated 31.10.2018 passed in Cr. Misc. No.55846 of 2018 with liberty to renew the prayer for bail after six months in the event no substantive progress is made in trial. There is specific allegation against petitioner of causing firearm injury to driver of the informant in his left jaw. Report has been received from the trial Court from

Patna High Court CR. MISC. No.40765 of 2019(4) dt.31-07-2019 2/2 which it appears that case is pending due to petition filed by the petitioner that he is suffering from acute psychosis and he is not in a position to defend himself.

This Court finds that trial has been hampered because of conduct of the petitioner. There is no laches on the part of the Court.

Therefore, this Court is not inclined to enlarge the petitioner on bail.

Prayer of the petitioner for grant of bail is rejected. The trial Court is directed to expedite the trial and make all efforts to conclude the same as early as possible. (Sanjay Priya, J) J. Alam/- U T