Bhagwan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69691 of 2021 Arising Out of PS. Case No.-282 Year-2019 Thana- ALOULI District- Khagaria ====================================================== BHAGWAN DAS, aged about 30 years, Gender-Male, Son of Upendra Das @ Tanti, Resident of Village - Dharharba, P.S. - Bithan, District - Samastipur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. N. K. Agarwal, Sr. Advocate and Mr. Vijay Anand, Advocate.

For the Informant : Mr. Santosh Kumar Singh, Advocate. For the Opposite Party :

Mr. Amit Kumar Rakesh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-02-2022 Heard learned senior counsel for the petitioner, learned counsel for the informant and learned counsel for the State.

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

The petitioner is languishing in custody since 14.11.2019 in a case registered for the offence under Sections 302, 307/34, 120(B) of the I.P.C. and Section 27 of the Arms Act.

The prosecution story, in brief, is that the accused persons surrounded the brother of the informant and committed his murder by indiscriminate firing.

Patna High Court CR. MISC. No.69691 of 2021(3) dt.23-02-2022 2/3 Earlier the bail application of the petitioner was rejected vide Cr. Misc. No. 26059 of 2020 under order dated 07.12.2020, annexed as Annexure-1 to the present application, taking into account that there are thirteen (13) criminal cases pending against the petitioner.

As per allegation, indiscriminate firing was made by the accused persons including the petitioner upon the deceased and four wounds of entry of firearms injury was found on the body of the deceased. The postmortem report also supported the allegation made in the F.I.R.

A report was called for from the court below regarding the present stage of the case. The said report of the learned court below is dated 11.01.2022 and has been kept at Flag-'R' on the record. It has been reported that charge has been framed and within a period of nine months, trial is likely to be concluded.

On behalf of the informant, Mr. Santosh Kumar Singh, it has been submitted that six witnesses have already been examined and only the Investigating Officer is to be examined in the present case.

Considering the nature of accusation and the stage of the case, I am not inclined to grant bail to the petitioner. The

Patna High Court CR. MISC. No.69691 of 2021(3) dt.23-02-2022 3/3 same is rejected in connection with G.R. No. 2403 of 2019, arising out of Alauli P.S. Case No. 282/2019, pending in the court of learned C.J.M. Khagaria.

The court below is directed to conclude the trial at the earliest.

(Sudhir Singh, J) U.K./- U T