Brij Kishore Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49362 of 2021 Arising Out of PS. Case No.-296 Year-2021 Thana- TURKAULIYA District- East Champaran ====================================================== Brij Kishore Singh, S/o Dharamnath Singh, R/O Village-School Chowk Turkauliya, P.S- Turkauliya, District-East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prateek Tandon, Advocate For the Opposite Party/s :
Mr. Satyendra Narayan Singh, APP For the Informant : Mr. Shakti Suman Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 25-07-2022 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, within a period of four weeks from today.
Heard Mr. Prateek Tandon, learned counsel for the petitioner, Mr. Shakti Suman Kumar, learned counsel for the informant and learned APP for the State.
The petitioner seeks regular bail, who is in custody in connection with Sessions Trial No. 368 of 2021, arising out of Turkauliya P.S. Case No. 296 of 2021, for the offences punishable under Sections 504, 341, 506, 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
As per prosecution case, it is alleged that on 07.04.2021, while the informant along with his family members
Patna High Court CR. MISC. No.49362 of 2021(3) dt.25-07-2022 2/3 were sitting at the door of his house, then all the F.I.R. named accused persons variously armed came there and started abusing. On protest made by the informant, the petitioner and co-accused Rahul Kumar caught hold his brother Vivek Kumar and thereupon this petitioner ordered the co-accused Golu Kumar to shoot him thereafter Golu Kumar fired a gunshot on Vivek Kumar, resulting into his death.
Learned counsel appearing on behalf of the petitioner submits that save and except the allegation that this petitioner caught hold the deceased and ordered to kill, there is no other allegation and moreover the specific allegation of firing has been levelled against co-accused Golu Kumar. It is next submitted that co-accused Rahul Kumar, having identical allegation, has already been granted bail by this Court in Cr. Misc. No. 52915 of 2021 vide order dated 17.05.2022 and so far this petitioner is concerned, he is a man of fair antecedent and is in custody since 08.04.2021.
On the other hand learned counsel for the informant vehemently opposes the bail application and submits that there is specific allegation against this petitioner that he caught hold the deceased and on his dictate co-accused Golu Kumar fired upon the deceased. He further submits that the trial is at the fag
Patna High Court CR. MISC. No.49362 of 2021(3) dt.25-07-2022 3/3 end and only investigating officer is yet to be examined. Having regard to the submissions made on behalf of the parties and considering the fact that even as per the prosecution case it is specifically alleged that the petitioner and co-accused Rahul Kumar caught hold the deceased and thereupon on the dictate of this petitioner, his son Golu Kumar fired upon the deceased, apart from the fact that the trial is at the fag end, this Court is not persuaded to enlarge the petitioner on bail, for the present.
Accordingly, the prayer for grant of bail is rejected. However, learned trial court is directed to take all necessary steps to conclude the trial within a period of two months from the date of receipt/production of a copy of this order, failing which the petitioner would be at liberty to renew his prayer for bail before the learned trial court itself and the learned trial court will pass appropriate order for his release on its own terms and conditions.
(Harish Kumar, J) uday/- U T