Patna High CourtCR. MISC./44623/2019rejected

Harendra Rai v. The State Of Bihar

2019-09-27Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44623 of 2019 Arising Out of PS. Case No.-14 Year-2012 Thana- HATHAURI District- Muzaffarpur ====================================================== HARENDRA RAI Son of Mahesh Rai Resident of Village - Paramjeevar, P.S.- Hathauri, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Brajendra Nath Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 302, 120B, 380 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner is one of the assailants of the deceased and had allegedly caused firearm injury in presence of the wife of the deceased. Petitioner is in custody since 10.01.2019. Co-accused Baleshwar Rai, who had caused firearm injury to the deceased, was allowed bail on 21.05.2015 in Cr. Misc. No. 13721 of 2015 whereas he was in custody since 02.07.2012. Separate trial of Baleshwar Rai is at the verge of conclusion. Likewise, co-accused Akhilesh Rai, who had caused firearm injury, was allowed bail by a Coordinate Bench of this Court on 26.03.2015 in Cr. Misc. No. 10817 of 2015, when he

Patna High Court CR. MISC. No.44623 of 2019(4) dt.27-09-2019 2/2 was in jail for almost two and half years.

Learned counsel for the informant opposed the prayer for bail.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail for the present in connection with Sessions Trial No. 275 of 2013 arising out of Hathauri Police Station Case No. 14 of 2012 pending in the court of learned 5th Additional Sessions Judge, Muzaffarpur.

Hence, prayer for bail is refused.

The learned trial court is directed to expedite the trial and conclude the same preferably within a period of nine months from the date of receipt/production of a copy of this order.

(Birendra Kumar, J) Kundan/- U T