Patna High CourtCR. MISC./27054/2016rejected

Birendra Kumar @ Birendra Rai @ Billa @ Bills v. The State Of Bihar

2016-07-27Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27054 of 2016 Arising Out of PS.Case No. -143 Year- 2012 Thana -DIGHA District- PATNA ====================================================== Birendra Kumar @ Birendra Rai @ Billa @ Bills son of Baliram Rai, resident of Village- Ramji Chak, Police Station-Digha,District- Patna .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay, Adv. For the Opposite Party/s : Sri Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 27-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has renewed his prayer for bail in connection with S. T. No. 920 of 2013, arising out of Digha P. S. Case No. 143 of 2012 registered under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. The prayer for bail of the petitioner had already been rejected by this Court earlier vide order dated 24.01.2014 passed in Cr. Misc. No. 3309 of 2014.

It is submitted by learned counsel for the petitioner that the petitioner has remained in custody for about four years and there is no likelihood of the completion of trial in near

Patna High Court Cr.Misc. No.27054 of 2016 (3) dt.27-07-2016 2/2 future.

Learned counsel for the State has opposed the application filed by the petitioner. He has submitted that the petitioner is alleged to have shot dead the son of the informant, namely, Mithilesh Kumar and the prosecution is making effort to produce all its witnesses expeditiously.

Be that as it may, regard being had to the direct and specific allegation made against the petitioner that he shot dead the son of the informant, I am not inclined to take a different view of the matter. Accordingly, the prayer for bail is rejected.

However, learned Ad hoc Additional Sessions Judge-IV, Patna is directed to expedite the trial and conclude the same as early as possible.

(Ashwani Kumar Singh, J.) Kanchan/- U T