Munna Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56263 of 2021 Arising Out of PS. Case No.-56 Year-2016 Thana- FATUA District- Patna ====================================================== MUNNA SINGH aged about 42 years, male, Son of Chandeshwar Prasad @ Chandeshwar Prasad Singh @ Chandeshwar Singh Resident of village - Fatepur, P.S. - Raghopur, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Singh, Sr. Advocate Mr.Shivanand Singh, Advocate For the informant :

Mr. Y. V. Giri, Sr. Advocate For the Opposite Party/s :

Mr. Uday Pratap Singh, Advocate CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 19-01-2022 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 302,307,427,120-B of the Indian Penal Code and Section 27 of the Arms Act. Earlier also, petitioner had moved this Court for grant of regular bail which was rejected twice vide Annexue 1 and 1/1.

Informant who is the wife of the deceased has alleged that petitioner along with FIR named accused and 8-10

Patna High Court CR. MISC. No.56263 of 2021(5) dt.19-01-2022 2/3 unknown persons fired upon his husband. It has been further alleged that petitioner and one Babloo Singh dragged out her husband from his vehicle and pulled down him on the ground and thereafter, all accused fired upon him as a result of which he died. The reason for killing is political rivalry and old enmity. Vide order dated 27.10.2021, report was called for from the court concerned with regard to the stage of trial. Report of the trial court has come which is kept at Flag R in which it has been stated that 5 witnesses including the informant has been examined and 11 witnesses including the investigating officer and doctor are yet to be examined. It has further been stated that due to Covid-19, the witnesses were not turning up so the trial could not be competed till now and trial is likely to be concluded within three months.

Mr. Y. V. Giri, learned Sr. counsel for the informant, has vehemently opposed the prayer for the bail of the petitioner on the ground that petitioner is a notorious criminal and he is having eight criminal antecedent, as stated in paragraph no.3. Considering the facts and circumstances of the case and nature of allegation, I am not inclined to enlarge the petitioner on bail once again. Hence, the prayer for bail of the petitioner is hereby rejected.

Patna High Court CR. MISC. No.56263 of 2021(5) dt.19-01-2022 3/3 However, the court below is directed to expedite the trial and conclude it at the earliest.

(S. Kumar, J) Sanjay/- U T