Ajay Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44259 of 2024 Arising Out of PS. Case No.-100 Year-2020 Thana- BAGENGOLA District- Buxar ====================================================== Ajay Pandey son of Late Shiv Prasan Pandey Village- Pokhraha Ps- Bagen Gola Dist- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bandana Singh, Adv For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 26-07-2024 Heard learned cousnel for the petitioner, learned counsel for the informant and learned APP for the State.

2. This is the second attempt of the petitioner for grant of regular bail as earlier the bail application was rejected vide order dated 17.10. 2023 passed in Cr. Misc. No. 39124 of 2023 which reads as under:-.

Heard learned counsel for the petitioner and Mr. Mithlesh Kumar Khare, learned APP for the State.

2. The petitioner seeks bail in connection with Bagen Gola P.S.Case No. 100 of 2020 registered for the offence punishable under Sections 302 and 307/34 of the Indian Penal

Patna High Court CR. MISC. No.44259 of 2024(2) dt.26-07-2024 2/3 Code and Section 27 of the Arms Act.

3. It is alleged that the petitioner fired upon the deceased over a land dispute with regard to cutting of Jonhari grass.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case.He further submits that the petitioner has nine criminal antecedents and he is in custody since 29.07.2022.

5. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

6. The petitioner is the main assailant of the deceased, and I am not inclined to grant bail to the petitioner.

7. Accordingly, this application stands dismissed.

8. The trial court is directed to expedite the trial.

Patna High Court CR. MISC. No.44259 of 2024(2) dt.26-07-2024 3/3

3. Upon perusal of the impugned order and upon perusal of the materials available on record, I find no new ground to grant bail to the petitioner.

4. The informant is directed to co-operate in the trial and the learned counsel for the informant Sri Rai submits that the trial of the petitioner and three accused persons has been separated for one of the absconder accused and therefore, the prosecution will produce witnesses on each and every date.

5. In this circumstances, there is no need of passing any direction with regard to the trial as submitted by the learned counsel for the parties.

(Sandeep Kumar, J) N.K/- U T