Rocky Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35012 of 2020 Arising Out of PS. Case No.-79 Year-2020 Thana- BARHIYA District- Lakhisarai ====================================================== ROCKY SINGH Son of Pappu Singh Resident of Village - Khutahadih, P.S.- Barahiya, District - Lakhisarai.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Dinu Kumar, Advocate Mr. Sanjeev Kumar, Advocate For the State :
Mr. Amitesh Kumar, A.P.P.
For the Informant :
Mr. Onkar Nath, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 08-02-2021 Heard learned counsel for the petitioner, learned counsel for the informant as well as learned A.P.P. for the State. Petitioner, in the present case, is seeking regular bail in connection with Barahiya P.S. Case No. 79/2020 registered for the offence under Section 147, 148, 149, 307, 323, 341 of the Indian Penal Code, later on Section 302 I.P.C. has also been added.
Learned counsel for the petitioner submits that there is general and omnibus kind of allegations against altogether six accused persons. It is alleged that all of them had assaulted the prosecution party including the deceased. However, the injury report of the deceased which has been produced by the I.O. shows only one injury on his head.
Learned counsel for the informant as well as learned
Patna High Court CR. MISC. No.35012 of 2020(3) dt.08-02-2021 2/3 A.P.P. for the State have opposed the prayer for regular bail of the petitioner. It is submitted that in course of investigation, the Supervising Authority i.e. S.D.P.O. Lakhisarai has recorded after supervision that the fatal blow was given by the petitioner to the deceased.
Having regard to the facts and circumstances of the case wherein in course of investigation the S.D.P.O. Lakhisarai has recorded in his supervision that the fatal blow was given by this petitioner, this court is not inclined to grant privilege of regular bail to the petitioner.
Prayer for regular bail of the petitioner is, thus, refused.
Let the trial be expedited.
At this stage, learned counsel for the petitioner submits that the trial court may be directed to expedite the trial, as according to him, the case has yet not been committed. Learned counsel for the informant however submits that the charge has already been framed in this case. If the charge has already been framed, let the trial court proceed with the trial without granting unnecessary adjournment, the prosecution should cooperate in course of trial and all endeavours be made to conclude the same within a
Patna High Court CR. MISC. No.35012 of 2020(3) dt.08-02-2021 3/3 reasonable period.
If the charge has not been framed, steps will be taken to expedite the process of commitment and framing of charge. (Rajeev Ranjan Prasad, J) 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'.