Rishabh Jaisawal @ Rishabh Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54340 of 2024 Arising Out of PS. Case No.-321 Year-2020 Thana- DARAUNDA District- Siwan ====================================================== Rishabh Jaisawal @ Rishabh Raj, Son of Vijay Kumar @ Narayan Jaishwal @ Sant Ji, Resident of Village - Sihauta Bajar, P.S. - Maharajganj, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Y.C. Verma, Sr. Advocate Ms. Kumari Anupam, Advocate For the Opposite Party/s :

Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 25-09-2024 Heard Mr. Y.C. Verma, learned Senior Advocate for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail, who is in custody in connection with Daraundha P.S. Case No. 321 of 2020 registered for the offences punishable under Sections 302 and 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. Earlier, the prayer for bail of the petitioner was rejected by this Court in Cr. Misc. No. 13910 of 2023 vide order dated 28.08.2023, taking into account the specific accusation of firing against the petitioner resulting into death of the informant's son.

Patna High Court CR. MISC. No.54340 of 2024(3) dt.25-09-2024 2/3

4. Learned Senior Advocate for the petitioner contended that though earlier the prayer for bail of the petitioner stood rejected on merit, but this fact cannot be ignored that the allegation of firing has been levelled against three persons and only one firearm injury was found in the postmortem report. Moreover, the petitioner has been incarcerated since 29.10.2021 and thus he remained in custody for about a period of three years but till date trial has not been concluded.

5. On the other hand, learned counsel for the State vehemently opposed the bail application and submitted that the charge has already been framed and the case is running for prosecution evidence and there is every chance that the trial is to be concluded in near future.

6. Regard being had to the submissions made on behalf of the parties and considering the specific accusation of causing firearm injury resulting into death of the informant's son, apart from criminal antecedent of the petitioner as narrated in para-3 of the bail application, this Court is not acceded to the prayer of the petitioner for grant of bail. Accordingly, the prayer for bail is rejected.

7. It is expected that the Trial Court shall take all endeavours to expedite and conclude the trial as early as

Patna High Court CR. MISC. No.54340 of 2024(3) dt.25-09-2024 3/3 possible.

8. The petitioner shall be at liberty to renew his prayer for bail, if the trial is not concluded within six months. (Harish Kumar, J) rohit/- U T