Niranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54195 of 2019 Arising Out of PS. Case No.-103 Year-2016 Thana- KADIRGANJ District- Patna ====================================================== NIRANJAN KUMAR S/o Late Chandra Bose Prasad R/o village- Bari Bigha, P.S.- Kadirganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manendra Kumar Sinha For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-03-2020 Heard learned counsels for the parties.

The petitioner has renewed his prayer for bail in a case registered for the offences punishable under Sections 302/34 of the I.P.C. and Section 27 of the Arms Act.

The prosecution case as per the written report of Pramod Prasad submitted to the SHO, Kadirganj Police Station is to the effect that on 24.12.2016 about 3.00 P.M., the informant and his father Yugal Prasad went to irrigate the field, in the meantime, six accused persons including the petitioner came and caught hold of the father of the informant. It is specifically alleged that co-accused Bujhawan, Saurabh Kumar, Arvind Prasad and Hula Prasad pushed the father of the informant down on the ground and the petitioner Niranjan Kumar and his brother Maina took out pistol and fired on the neck of the informant's father

Patna High Court CR. MISC. No.54195 of 2019(4) dt.17-03-2020 2/2 resulting into death of Yugal Prasad.

It is submitted by learned counsel for the petitioner that some of the chargesheet witnesses have been examined and the petitioner is in custody since 1.5.2017.

Considering the nature of accusation against the petitioner, this Court is not inclined to grant bail to him. Accordingly, prayer of the petitioner for bail is rejected. However, keeping in view the fact that the petitioner is in custody for about three years, let the learned Additional Sessions Judge III, Patna conclude the trial of S.Tr. No. 273 of 2017 arising out of Kadirganj P.S. Case No. 103 of 2016 preferably within a period of six months.

(Dinesh Kumar Singh, J) anil/- U