Abhay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39026 of 2019 Arising Out of PS. Case No.-202 Year-2018 Thana- JANDAHA District- Vaishali ====================================================== ABHAY KUMAR Son of Rambabu Sahni Resident of Village - Dulaur, P.S.- Jandaha, Distt - Vaishali at Hajipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-08-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Jandaha P.S. Case No. 202/2018, instituted for offence under Section(s) 302, 120B and 506/34 of the Indian Penal Code read with Section 27 of Arms Act.

It is alleged in the written report that this petitioner along with co-accused Jayshankar Choudhary made firing on the Block Pramukh (brother of informant) in his office at Block Jandaha when he was going to his chamber after reaching the Block from a Jeep. He subsequently died on account of gun shot injury.

Learned Addl. P.P. has submitted that driver of Block Pramukh is eye-witness of the occurrence. He has given

Patna High Court CR. MISC. No.39026 of 2019(3) dt.28-08-2019 2/2 statement before the police that petitioner along with other coaccused has made firing on the Block Pramukh on account of which he died.

Post-mortem report shows that two firearm injuries have been found on the person of deceased, which supports the allegation against this petitioner.

Considering the fact that there is direct allegation against this petitioner of causing firearm injury to the Block Pramukh, this Court is not inclined to grant bail to petitioner. Accordingly, prayer for bail of petitioner is rejected. Learned counsel for petitioner has submitted that petitioner is in custody since 01.11.2018.

The trial court is directed to expedite the trial and make efforts to conclude the trial within a period of nine months from the date of receipt/production of copy of this order. The petitioner will be at liberty to renew prayer for bail in the event trial is not concluded within aforesaid period. (Sanjay Priya, J) rakhi/- U T