Prabhat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9141 of 2021 Arising Out of PS. Case No.-58 Year-2020 Thana- SONBERSA District- Sitamarhi ====================================================== Prabhat Kumar Son of Ram Babu Mahto, resident of village - Bhutahi Ward No. 8, P.S. - Sonbarsa, District - Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Alok For the Opposite Party/s :

Mr. Alok Kumar Jha Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 05-07-2021 In view of sudden resurgence of COVID-19 infection there is limited functioning of the High Court and therefore the matter has been listed for consideration through virtual mode. Heard learned counsel for the petitioner and the learned APP for the State.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office. Petitioner seeks bail in Sonbarsa P.S. Case No. 58 of 2020 registered for offence punishable under section 302/34 of the Indian Penal Code and section 27 of the Arms Act. The allegation against the petitioner is of firing upon

Patna High Court CR. MISC. No.9141 of 2021(2) dt.05-07-2021 2/2 the head of the deceased.

Learned counsel for the petitioner after some argument submits that four prosecution witnesses have been examined, however they have turned hostile. The submission is that only official witnesses, namely the I.O. and the doctor remain to be examined.

In view of such submission and having regard to the nature of allegation against the petitioner, this Court for the present is not inclined to allow the petitioner's prayer for bail and accordingly his prayer for bail is rejected. However, the Court could observe that without any undue adjournment the matter should be expedited to conclude the trial as soon as possible.

(Madhuresh Prasad, J) Mahesh/- U T