Ranjeet Singh @ Baudha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36491 of 2020 Arising Out of PS. Case No.-167 Year-2020 Thana- LAKHISARAI District- Lakhisarai ====================================================== Ranjeet Singh @ Baudha, son of Ramdas Singh resident of village- Walipur, Police Station- Piparia, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 26-05-2021 Heard Mr. Rama Kant Sharma, learned senior Advocate for the petitioner, assisted by Mr. Bipin Kumar, and Mr. Arun Kumar Singh No. 5, learned APP for the State.

The petitioner, who is in custody since 19.06.2020, seeks bail in connection with Lakhisarai P. S. Case No. 167 of 2020, instituted for offences under Sections 302, 120B and 34 of the Indian Penal Code and Sections 25 (1-b)a, 26(i) and 27 of the Arms Act, 1959.

The accusation in the F.I.R. is that the petitioner along with two others came on a motor-cycle

Patna High Court CR. MISC. No.36491 of 2020(4) dt.26-05-2021 2/3 and resorted to indiscriminate firing at the father of the informant who succumbed to the injuries.

The learned senior counsel for the petitioner has submitted that there is a reason for falsely implicating the petitioner, namely, an earlier case lodged by the father of the petitioner for the murder of the uncle of the petitioner.

The learned senior counsel has further drawn the attention of this Court that in course of investigation, one Rahul Kumar, a co-accused, is said to have made an inculpatory statement, saddling on two other persons the act of firing at the deceased.

Apart from this, it has been submitted that some other persons also have been named in the F.I.R., who are said to have been in the waiting in a vehicle which was ultimately boarded by the petitioner and two others. Therefore, it has been urged, that there is a gap in the prosecution story as the petitioner and two others had come on a motor-cycle about which there is no

Patna High Court CR. MISC. No.36491 of 2020(4) dt.26-05-2021 3/3 reference at the stage when the accused persons exited the place of occurrence.

Be that as it may, I am not inclined to grant bail to the petitioner for the present, notwithstanding the fact that the case has yet not been committed to the Courts of Sessions.

The prayer for bail is rejected.

However, if there is no substantial progress in the trial within the next six months, it would be open for the petitioner to approach the trial court and in that event, the court below shall be under an obligation to record the reasons for the tardy progress of the trial. The application stands disposed off accordingly. (Ashutosh Kumar, J) skm/- U T