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Patna High CourtCR. MISC./50711/2022rejected

Satrudhan Panday @ Shatrudhan Panday v. The State Of Bihar

2023-05-01Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50711 of 2022 Arising Out of PS. Case No.-637 Year-2017 Thana- BODHGAYA District- Gaya ====================================================== Satrudhan Panday @ Shatrudhan Panday Son Of Late Munni Panday R/O Village- Newtapur, P.S.- Bodh-Gaya, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No.2, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner, learned counsel for the informant and the learned A.P.P. for the State. Let the defects, as pointed out by the office, be removed within a period of four weeks from today.

The petitioner seeks bail, who is in custody since 28.10.2021 in connection with S.Tr.No.380 of 2021/29 of 2022 arising out of Bodh-Gaya P.S. Case No. 637 of 2017, F.I.R. dated 13.11.2017 registered for the offence punishable under Sections 147,148,149,324,326,307 and 302 of the Indian Penal Code. Allegation against the petitioner is that he assaulted to the brother of the informant by means of knife on his chest. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. Further submits that there is case and counter case between the parties and the allegation as alleged in the FIR is false and fabricated.

Patna High Court CR. MISC. No.50711 of 2022(5) dt.01-05-2023 2/2 Learned counsel for the informant and learned APP for the State, on the basis of the material available on the record and the case diary, have vehemently opposed the prayer for bail of the petitioner and submits that there is direct allegation against the petitioner is that he inflicted knife blow upon the brother of the informant. Vide order dated 20.03.2023, a report was called for with regard to the present status of the trail. Report of the learned Trial Court dated 06.04.2023 reveals that out of 11 chargesheet witnesses, six prosecution wtinesses have been examined by the learned Trial Court and the case is pending for evidence of the rest of the prosecution witnesses.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with S.Tr.No.380 of 2021/29 of 2022 arising out of Bodh-Gaya P.S. Case No. 637 of 2017 pending in the court of learned Additional District and Sessions Judge-X, Gaya.

Prayer is refused.

However, the learned Trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) Nitesh/- U T