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Patna High CourtCR. MISC./63985/2021dismissed

Braj Kishore Singh @ Brij Kishore Singh v. The State Of Bihar

2022-02-09Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63985 of 2021 Arising Out of PS. Case No.-120 Year-2017 Thana- OBRA District- Aurangabad ====================================================== BRAJ KISHORE SINGH @ BRIJ KISHORE SINGH Son of Late Kedar Singh Resident of Village - Akauna, P.S.- Obra, Distt.- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr.Jai Narain Thakur, APP For the Informant :

Mr. Santosh Chandra Bhaskar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-02-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The petitioner seeks bail in S. Tr. No. 499/2018 arising out of Obra P.S. Case No. 120/2017 instituted for the offences under Sections 302, 307, 323, 324, 325, 326, 504, 147, 148, 149 of the Indian Penal Code and 27 of the Arms Act.

The earlier bail applications of the petitioner were rejected

Patna High Court CR. MISC. No.63985 of 2021(3) dt.09-02-2022 2/2 vide Annexure-1 series to the present application taking into account that the petitioner is the main assailant.

A report was called for from the Trial Court. It has been reported that the case has been fixed for prosecution evidence and if the prosecution and the opposite party cooperate, the Trial Court be concluded within a period of four months.

Considering the nature of accusation and the stage of the case, I am not inclined to grant bail to the petitioner. The same is rejected. The Trial Court is directed to take all necessary steps to conclude the trial at earliest preferably within a period of six months from the date of receipt/production of a copy of this order. The District Magistrate, Aurangabad and the Superintendent of Police, Aurangabad are also directed to take necessary steps to produce the witnesses on the date fixed in the Trial Court so that the trial could be concluded within the stipulated period.

Let this order be communicated to the District Magistrate, Aurangabad and the Superintendent of Police, Aurangabad. (Sudhir Singh, J) Pankaj/- U T