Vishal Kumar @ Vishal Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.4350 of 2015 (3) dt.18-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4350 of 2015 Arising Out of PS.Case No. -209 Year- 2013 Thana -AGAMKUAN District- PATNA ======================================================

1. Vishal Kumar @ Vishal Singh S/o Prem Chand Singh Resident of Mohalla Daldali Road, P.S. Kadamkuan, District Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramakant Sharma, Sr. Advocate Mr. Lakshmi Kant Sharma For the Opposite Party/s : Mr. Dr.M.K.Gautam(App) CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-03-2015 Heard learned Sr. Counsel for the petitioner and learned counsel representing the State and learned counsel for the informant.

The petitioner has renewed his prayer for bail which was earlier rejected vide order dated 14.7.2014 passed in Cr. Misc. No. 19677 of 2014. It has been submitted that the petitioner is not named in the FIR, the informant in his further statement has also not named and thereafter, the driver after one day has stated the name of the petitioner that the petitioner was also present outside the warehouse and was not the assailant. The petitioner is suffering in custody since 19.7.2013 to which the learned APP duly assisted by the learned counsel for the informant opposes by submitting that firearm was recovered from the

Patna High Court Cr.Misc. No.4350 of 2015 (3) dt.18-03-2015 possession of the petitioner also and as per the FSL report the Pilates recovered from the body of the deceased were found to be fired from the firearms recovered from the possession of the petitioner and co-accused Rajesh Rajak both. It is also submitted that charges have been framed and trial is likely to be concluded very soon.

In the facts and circumstances stated above, finding no good ground for reconsideration of prayer of bail of the petitioner at this stage, his prayer for bail is accordingly, rejected in connection with Agamkuan P.S. Case No. 209 of 2013. However, the trial court is directed to expedite the trial and conclude the same within six months, failing which the petitioner shall be at liberty to renew his prayer for bail. (Jitendra Mohan Sharma, J) avin/- U T