Devendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38679 of 2020 Arising Out of PS. Case No.-384 Year-2018 Thana- GOPALPUR District- Bhagalpur ====================================================== DEVENDRA SINGH SON OF LATE RAMJEET SINGH RESIDENT OF VILLAGE MURLI THANA RANGARA GOPALPUR DIST BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha, Advocate For the Opposite Party/s :

Mr. Uma Shankar Pd. Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-03-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has renewed his prayer for bail in connection with Gopalpur (Rangra) P.S. Case no. 384 of 2018 registered under sections 147, 148, 149 and 302 of the Indian Penal Code and section 27 of the Arms Act.

As per allegation in the first information report, the petitioner is stated to have fired on the informant's husband. It is submitted by learned counsel for the petitioner that earlier the application for bail of the petitioner was rejected vide order dated 31.7.2019 (Annexure 1) passed in Cr. Misc. No. 25553 of 2019. Inspite of the petitioner being in custody since 26.2.2019, there is no progress whatsoever in the trial nor is there any chance of the trial concluding in the near future. The application for bail is opposed by learned A.P.P.

Patna High Court CR. MISC. No.38679 of 2020(3) dt.03-03-2021 2/2 for the State.

A report was called for with respect to the stage of the trial from the learned court below and the same has been received. As per the report contained in letter No. 17 dated 6.02.2021, out of 7 prosecution witnesses as per the chargesheet, 5 of them have already been examined and only two witnesses remain to be examined whose date of examination were fixed for 08.02.2021.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the contents of the report, the Court is not inclined to enlarge the petitioner on bail and the same is rejected. The learned trial court is directed to expedite the trial and conclude the same as per the contents of the above report, at the earliest.

(Partha Sarthy, J) Spd/- U T