Sanjeev @ Sanjeev Singh @ Bauaa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44241 of 2022 Arising Out of PS. Case No.-4 Year-2019 Thana- JURAWANPUR District- Vaishali ====================================================== SANJEEV @ SANJEEV SINGH @ BAUAA son of Late Nirshu singh Resident of Village - Chaksingar, P.S.- Jurawanpur, District - Vaishlai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Vaishnavi Singh For the Opposite Party/s :

Mr.Ramchandra Sahni For the Informant : Mr.Surendra Kr. Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 01-02-2023 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner as well as learned counsel for the informant and learned A.P.P. for the State.

The petitioner seeks bail in connection with Jurawanpur P.S. Case 04/2019, registered for the offence punishable under Sections 341, 323, 324, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, allegation against the petitioner and other to have fired upon the father of the informant by means of pistol. It is alleged that victim sustained injury on the back and during course of treatment he died.

Patna High Court CR. MISC. No.44241 of 2022(4) dt.01-02-2023 2/3 Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The petitioner is languishing in custody since 25.03.2019 and bears criminal antecedent of five cases. He further submits that earlier bail petition of this petitioner was rejected twice vide order dated 12.12.2019 passed in Cr. Misc. No. 69559/2019 and order dated 26.07.2021 passed in Cr. Misc. no.658/2021 by different co-ordinate Benches of this Court while rejecting the bail of the petitioner vide order dated 26.07.2021 passed in Cr. Misc. No. 658/2021 a direction has been given to the trial court to expedite the trial and conclude the same within nine months and had given liberty to this petitioner to renew his prayer for bail after the aforesaid period before the learned court below itself.

The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner.

The learned trial court vide letter no.209/2022 dated 22.11.2022 has reported the proceeding of trial and also reported that vide letter no.108/2022 dated 06.07.2022 the concerned court has sought extension of six months further time for disposal of the case.

Considering the facts and circumstances of the case,

Patna High Court CR. MISC. No.44241 of 2022(4) dt.01-02-2023 3/3 nature of allegation levelled against the petitioner and material available on record, I am not inclined to grant bail to the petitioner. Hence, prayer for bail of the petitioner stands rejected.

However, if trial is not concluded within six months from the date of receipt / production of copy of this order, the petitioner may renew his prayer for bail.

(Alok Kumar Pandey, J) amitkumar/- U T