Pappu Kahar @ Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50271 of 2021 Arising Out of PS. Case No.-831 Year-2019 Thana- SASARAM NAGAR District- Rohtas ====================================================== PAPPU KAHAR @ VISHAL KUMAR S/o Late Bulaki Kahar R/o villageMubarakganj, P.S.- Sasaram Town, District- Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N. K. Agrawal, Sr. Adv.

Mr.Raghunandan Kumar Singh For the Opposite Party/s :

Mr.Manoj Kumar For the informant :

Mr. Abhinav Raj ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-10-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Sessions Trial No. 68 of 2019, arising out of Sasaram Twon Police Station Case No. 831 of 2019, registered for the offences punishable under Sections147/148/149/342/302/120-B of the Indian Penal Code and Section 27 of the Arms Act. This is the second attempt on behalf of the petitioner for grant of regular bail. Earlier, the prayer for regular bail of the petitioner was rejected by this Court, vide order, dated 12.11.2020, passed in Criminal Misc. No. 28532 of 2020, giving liberty to the petitioner to renew his prayer for bail after nine months from the date of the order, if the trial is not concluded. The allegation, as per the First Information Report, is that on 19.09.2019, at about 05:30 AM, the informant was going

Patna High Court CR. MISC. No.50271 of 2021(3) dt.27-10-2021 2/2 on morning walk along with his father and when they reached near Hanuman Temple, the petitioner, along with other accused persons, eight in numbers, started firing indiscriminately. It has further been alleged that the petitioner fired upon the father of the informant on his head/temple and the firing made by coaccused Aftab Alam hit the thigh of his father, who subsequently died.

This Court, vide order, dated 15.09.2021, had called for a report from the learned Court below regarding the stage of the case and in pursuance of the said order, a report has been submitted by learned 22nd Additional Sessions Judge, Rohtas, at Sasaram, and from perusal of the same, it appears that the learned Trial Court has given estimated period for completion of trial as six months.

In view of the aforesaid, I am not inclined to grant regular bail to the petitioner at this stage. This application is, accordingly, dismissed.

However, the petitioner may renew his prayer for regular bail after six months from today, if the trial is not concluded by that time.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √