Patna High CourtCR. MISC./58761/2019rejected

Uday Singh v. The State Of Bihar

2021-03-16Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58761 of 2019 Arising Out of PS. Case No.-6 Year-1991 Thana- Barbigha District- Sheikhpura ====================================================== Uday Singh Son of Late Basudev Singh Resident of Village - Sherpar, P.S.- Barbigha, District - Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar, Adv.

For the Opposite Party/s :

Dr. Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-03-2021 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner has renewed his prayer for bail in connection with Barbigha P.S. Case no. 6 of 1991 (Sessions Trial No.38 of 2016) registered under sections 302, 307, 324 and 34 of the Indian Penal Code and section 27 of the Arms Act. It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was rejected vide order dated 3.8.2016 as also other orders. It is submitted that the petitioner is in custody since 5.7.2013 and there is no chance of trial concluding in the near future. The petitioner appears to be the main shooter in the occurrence wherein three persons were killed. For an occurrence of the year 1991, the petitioner was remanded in the case after

Patna High Court CR. MISC. No.58761 of 2019(4) dt.16-03-2021 2/2 21 years on 5.7.2013. From the report contained in letter dated 7.10.2020 received from the learned Court below it appears that six prosecution witnesses have been examined. The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the allegations made in the F.I.R., this Court is not inclined to enlarge the petitioner on bail and the application is rejected.

The Superintendent of Police, Sheikhpura is directed to ensure the production of the prosecution witnesses in the trial. Learned trial Court is directed to expedite the trial and to conclude the same at the earliest preferably within a period of 8 months.

(Partha Sarthy, J) Bibhash/- U T