Brajesh Mishra @ Brajesh Kumar Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47979 of 2022 Arising Out of PS. Case No.-302 Year-2018 Thana- SAHPUR District- Bhojpur ====================================================== BRAJESH MISHRA @ BRAJESH KUMAR MISHRA S/o Shivajeet Mishra Resident of Village- Sonbarsa, P.S.- Shahpur, District- Bhojpur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun Kumar Pandey, Adv.
For the Opposite Party/s :
Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-02-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State as well as learned counsel for the informant.
The petitioner seeks bail in a case registered for the offence under Sections 302, 120(B) and 34 of the Indian Penal Code and Section 27 of the Arms Act.
The son of the informant is said to have been died due to indiscriminate firing carried out by the petitioner and his companions.
Learned counsel appearing for the petitioner submits, at the very outset, fairly submits that the trial of the case is at fag end as the case is running for final argument. However, he submits that the petitioner is rotting in judicial
Patna High Court CR. MISC. No.47979 of 2022(5) dt.08-02-2023 2/2 custody since 17.12.2018 i.e. more than four years. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries seven more cases other than the present one. He also submits that trial of the case is running at the stage of final arguments and is going to be concluded soon.
Considering the facts and circumstances of the case, as also the present stage of the trial, this Court is not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of this petitioner is rejected. However, learned trial court is directed to expedite the trial and try to conclude it.
(Rajesh Kumar Verma, J) brajesh/- U T