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Patna High CourtCR. MISC./50100/2022bail rejected

Bikki Singh @ Vikki Singh @ Vikash Singh v. The State Of Bihar

2022-11-23Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50100 of 2022 Arising Out of PS. Case No.-236 Year-2020 Thana- MANIHARI District- Katihar ====================================================== BIKKI SINGH @ VIKKI SINGH @ VIKASH SINGH Son of Bhupati Singh, R/o Village- Nawabganj, P.S- Manihari, Dist- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajendra Prasad Sah, Advocate For the Opposite Party/s :

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-11-2022 Heard learned counsel for the parties.

Supplementary affidavit filed on behalf of the petitioner is taken on record.

The petitioner has renewed his prayer for grant of bail in a case registered under section 302 and other sections of the Indian Penal Code and section 27 of the Arms Act. The earlier application for bail of the petitioner was rejected vide order dated 2.9.2021 (Annexure-1) passed in Cr. Misc. no. 12489 of 2021.

As per the prosecution case, the six named accused persons including the petitioner herein are said to have come variously armed with revolver, pistol etc and as a result of indiscriminate firing by the accused including the petitioner, the brother of the informant sustained gunshot injury and died. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.50100 of 2022(4) dt.23-11-2022 2/2 that the allegation against the petitioner are general and omnibus in nature. He is cooperating in the trial. He is in custody since 8.12.2020 and almost all witnesses having been examined on behalf of the prosecution, there is no chance of the petitioner tampering with any evidence. It is prayed that he be enlarged on bail and he assures that he will cooperate in the trial. A report was called for from the learned trial court. As per the report received contained in letter dated 17.10.2022 of the learned Additional Sessions Judge V, Katihar, the six witnesses out of the seven chargesheeted witnesses have been examined as on 17.10.2022.

In view of the nature of allegation together with the progress in the trial in the learned trial court as reflected from the above letter dated 17.10.2022, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. Learned trial Court is directed to expeditiously conclude the trial within a period of four months from the date of closure of the evidence on behalf of the defence. (Partha Sarthy, J) avinash/- U T