Ram Jeevan Singh @ Sudershan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46360 of 2022 Arising Out of PS. Case No.-59 Year-2005 Thana- NIMCHAKBATHANI District- Gaya ====================================================== Ram Jeevan Singh @ Sudershan Singh, S/o Late Udhabh Singh, Resident of village- Siswar, P.S.- Khizersarai, District- Gaya, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sameer Sawarn, Adv.

For the State :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-12-2022 Heard the learned counsel for the parties.

The petitioner, who is in custody since 04.02.2021, seeks bail in connection with Khizersarai P.S. Case No. 59 of 2005, dated 24.04.2022, instituted for the offences under Sections 147, 148, 149, 320, 307 and 324 of the Indian Penal Code, Section 27 of the Arms Act and Section 17 of the C.L.A. Act. The accusation in the F.I.R. is that the

Patna High Court CR. MISC. No.46360 of 2022(3) dt.22-12-2022 2/3 petitioner along with others was identified by the informant, moving towards the house of the informant. The accused persons fired at the father of the informant, resulting in his death. The father of the informant on being injured tried to enter the house of his brother and the miscreants chased him there also.

It appears that some of the accused persons faced trial and were convicted.

The petitioner appears to have surrendered to the process of law much later, resulting in bifurcation of the trial with the other accused persons.

As of present, charge-sheet has been submitted against the petitioner and the case is pending for framing of charge.

Considering the nature of accusation against the petitioner, this Court is not inclined to direct for the release of the petitioner on bail.

The prayer for grant of bail to the petitioner is, accordingly, rejected.

Patna High Court CR. MISC. No.46360 of 2022(3) dt.22-12-2022 3/3 However, the Trial Court is directed to frame charges against the petitioner without any delay and proceed with the trial in right earnest and conclude the same as expeditiously as possible, preferably within a period of nine months from today, failing which, the petitioner shall have the liberty to approach the Trial Court for grant of bail during the pendency of the trial and in that event, the Trial Court shall record the reasons for delay in conclusion of the trial. The application stands disposed off accordingly. (Ashutosh Kumar, J) Praveen-II/- U T