Pramod Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13526 of 2017 Arising Out of PS.Case No. -1 Year- 2016 Thana -BUDDHACOLONY District- PATNA ====================================================== Pramod Kumar Singh, S/o Late Sachidanand Singh, R/o Flat No. 205, Vishal Ganga Apartment, Anandpuri, Devi Asthan, P.S. Shrikrishnapuri, District - Patna.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Patanjali Rishi, Advocate. For the Opposite Party : Mr. Yogendra Kr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-04-2017 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is languishing in custody since 04.01.2016 in connection with Sessions Trial No. 554 of 2016, arising out of Budha Colony P.S. Case No. 01 of 2016 for the offences instituted under Sections 302/34 of the IPC and 27 of the Arms Act. The prosecution case, in short, is that while the informant proceeded a little ahead, he saw in the light of his vehicle that this petitioner Pramod Kumar Singh prevented the way and fired upon his elder brother Madheswar Prasad Singh causing injury on his head. Thereafter he fell down and died.
The earlier bail application of the petitioner was rejected
Patna High Court Cr.Misc. No.13526 of 2017 (4) dt.20-04-2017 2/3 vide Cr. Misc. No. 22428 of 2016 dated 04.08.2016 taking into account that the petitioner is the main assailant causing fire arm injury upon the deceased. The postmortem report also supported the allegation made in the FIR.
A report was called for from the court below regarding the stage of the case. It has been reported that altogether 11 charge sheeted witnesses are to be examined in the case and charge has not been framed as a discharge petition filed on behalf of the petitioner is pending. The date fixed for hearing on the said discharge petition is 24.04.2017. In the said circumstances, at least ten months time will be required to conclude the trial if both the parties will co-operate.
Considering the aforesaid facts and circumstances and the fact that the petitioner is the main assailant of the deceased, I am not inclined to grant bail to the petitioner. The same is rejected in Sessions Trial No. 554 of 2016, arising out of Budha Colony P.S. Case No. 01 of 2016, pending in the court of the learned Additional District & Sessions Judge-VI, Patna. The court below is directed to take all necessary steps to dispose of the discharge petition filed on behalf of the petitioner and immediately proceed with the trial after framing of the charges. The court below is further directed to take all necessary
Patna High Court Cr.Misc. No.13526 of 2017 (4) dt.20-04-2017 3/3 steps to conclude the trial preferably within a period of ten months from the date of receipt/production of copy of the order. The District Magistrate, Patna and the Senior Superintendent of Police, Patna are also directed to ensure that the prosecution witnesses are produced on the date fixed by the court below so that the trial could be concluded within the stipulated period.
Let a copy of this order be communicated to the District Magistrate, Patna and the Senior Superintendent of Police, Patna.
U.K./- (Sudhir Singh, J) U T