Dara Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24207 of 2016 Arising Out of PS.Case No. -175 Year- 2015 Thana -DAUDPUR District- SARAN ====================================================== Dara Singh, Son of Gariba Singh, resident of Village- Bagara, P.S.- Daudpur, District -Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Singh For the Opposite Party/s : Mr. A.K.Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 01-06-2016 Heard.

The petitioner seeks bail in a criminal prosecution registered under Sections 341, 326, 307/34 of the Indian Penal Code as also under Section 27 of the Arms Act. Taking into consideration the fact that the petitioner is specifically named in the FIR vide Annexure-1 as an accused and he is alleged to have fired upon the informant causing fire arm injury on his person and also taking into consideration the fact that the informant sustained grievous injury on his person at the hands of the petitioner and he was referred for treatment from Sadar Hospital, Chapra to P.M.C.H., Patna and further taking into consideration the fact that the injury report of the informant supports the prosecution version, this Court is not inclined to accede to the prayer made on behalf of the petitioner for grant of bail at this stage. Accordingly, his prayer for bail in connection with Daudpur P.S. Case No.175 of 2015 pending in the court of learned Judicial Magistrate-1st Class, Saran at Chapra is rejected for the present.

Patna High Court Cr.Misc. No.24207 of 2016 (2) dt.01-06-2016 The learned Judicial Magistrate, who is in seisin of the criminal case, is directed to commit the case of the petitioner to the court of Sessions forthwith, if not already committed, and on such commitment, the efforts shall be made by the learned Sessions Court to conclude his trial at an early date preferably within a period of one year from the date of commitment of the case to the court of Sessions. However, if the trial of the petitioner is not concluded within the aforesaid period, then he shall be at liberty to renew his prayer for bail.

Arvind/- (Birendra Prasad Verma, J) U T