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Patna High CourtCR. MISC./63810/2021dismissed

Gajendra Singh @ Gaji Singh v. The State Of Bihar

2022-02-09Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63810 of 2021 Arising Out of PS. Case No.-272 Year-2019 Thana- NAVINAGAR District- Aurangabad ====================================================== GAJENDRA SINGH @ GAJI SINGH Son of Late Mahendra Singh @ Magendra Singh Resident of Village - Simari Bhed, P.S.- Nabinagar, Distt.- Aurangabad (Bihar) ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Prasad Singh, Senior Advocate Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-02-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the parties.

This application for grant of regular bail arises out of Nabinagar P.S. Case No.272/2019, registered for the offence punishable under Section 302 of the Indian Penal Code. After considering the gravity of accusation and the petitioner's alleged complicity, his prayer for regular bail was earlier rejected by this Court by an order dated 12.10.2020 passed in Cr. Misc. No. 16098 of 2020. By making this application, the petitioner has renewed his prayer for bail. Mr. Krishna Prasad Singh, learned Senior Counsel appearing on behalf of the petitioner has submitted that the petitioner is in custody since 03.10.2019 and, therefore, his case

Patna High Court CR. MISC. No.63810 of 2021(5) dt.09-02-2022 2/2 for grant of regular bail requires reconsideration on that ground. Earlier, by an order passed in this case dated 01.12.2021, a report was called for from the court below as regards present stage of the trial. A report has accordingly been received from the Court of learned Additional District and Sessions Judge, Aurangabad, from which it appears that five witnesses have been examined and investigating officer of the case is to be examined.

Considering the circumstance that the trial has substantially progressed, I am not inclined to consider this application renewing prayer for regular bail on the ground of the petitioner's period of incarceration, keeping in view the gravity of the offence alleged against him.

This application is accordingly dismissed.

(Chakradhari Sharan Singh, J) Pawan/- U T