Raja Kumar @ Abhishek Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54677 of 2024 Arising Out of PS. Case No.-926 Year-2022 Thana- ARA NAGAR District- Bhojpur ====================================================== Raja Kumar @ Abhishek Kumar Singh Son Of Ashok Kumar Singh Resident Of Village - Chhotaki Singahi, Police Station - Ara Town,District - Bhojpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.N.K. Agrawal, Sr. Adv.

Kumar Rajdeep, Adv.

For the Opposite Party/s :

Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-12-2024 Heard Learned Senior Counsel Mr. N.K. Agrawal with Mr. Kumar Rajdeep, Advocate for the petitioner and Learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Ara Town P.S. Case No.926 of 2022 lodged under Sections 147, 148, 149, 341, 324, 307 and 302 of the IPC read with Sections 25(1-b)a/ 26/27/35 of the Arms Act.

3. Learned Senior Counsel for the petitioner submits that the bail application of the petitioner was earlier dismissed as withdrawn vide order dated 31.08.2023 passed in Cr. Misc. No.23462 of 2023 with analogous case with specific direction to the trial court to expedite the trial and conclude the same at the earliest.

Patna High Court CR. MISC. No.54677 of 2024(5) dt.02-12-2024 2/3

4. Learned Senior Counsel further submits that charge has already been framed in this case on 25.07.2024, but trial has not concluded till date. As such, he submits that bail may be granted to the petitioner. In addition to that he submits that postmortem report and case diary are not supporting the injury on the body of the informant.

5. Learned counsel for the State opposes the prayer for bail and submits that case has been withdrawn and Court has specifically directed to conduct the trial of the present petitioner expeditiously. As such, there is no need to enter into the merit of this case again. He further submits that this Court has called for the progress report of the trial.

6. From the progress report, it transpires that summons were issued for appearance of witnesses, but till date, not a single witness has come forward.

7. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner at present. Therefore, the bail application of the petitioner is hereby rejected.

8. However, it is hereby directed to the Superintendent of Police, Bhojpur at Ara to do the needful and direct the S.H.O of this case i.e.,. Ara Town P.S. Case No.926 of

Patna High Court CR. MISC. No.54677 of 2024(5) dt.02-12-2024 3/3 2022 to produce the charge-sheet witnesses within the period of 6 months from the date of receiving of the order in his office.

9. If trial shall not be concluded within the period of 9 months, then in that case, petitioner shall be at liberty to renew his prayer for bail.

10. Registry is directed to communicate this order through E-mail forthwith to the Superintendent of Police, Bhojpur at Ara. Registry is further directed to hand over a copy of this order to Learned A.P.P. who shall communicate this order to the Superintendent of Police, Bhojpur at Ara at his level.

(Dr. Anshuman, J.) Prakashmani/- U T