Sudhir Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54203 of 2023 Arising Out of PS. Case No.-535 Year-2022 Thana- GAURICHAK District- Patna ====================================================== Sudhir Singh Son Of Late Shiv Sagar Singh Resident Of Village - Taranpur, P.S. - Gaurichak, Distt. - Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Harsh Anuj For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of Arms Act.

As per allegation in the FIR, petitioner and other co-accused persons opened fire upon the informant's husband due to which he succumbed to fire arm injuries. There is specific allegation against the petitioner that he shot the informant's husband.

Patna High Court CR. MISC. No.54203 of 2023(3) dt.28-11-2023 2/3 It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case. There is inordinate delay of 2 days in lodging the F.I.R. Moreover, the petitioner is in judicial custody since 13.09.2022.

Learned APP appearing on behalf of the State and learned counsel for the informant vehemently opposed the prayer of the petitioner and submitted that there is specific allegation against the petitioner of opening fire upon the informant's husband due to which he succumbed to fire arm injuries. Witnesses have supported and postmortem report also corroborates with the prosecution version of the case.

Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected. Learned trial court is directed to expedite the trial and conclude the same within a period of nine

Patna High Court CR. MISC. No.54203 of 2023(3) dt.28-11-2023 3/3 months.

However, if the trial of the petitioner is not concluded within a period of nine months, he would be at liberty to renew his prayer for bail.

(Sunil Kumar Panwar, J) Nirajkrs/- U T