Rajendra Ojha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58642 of 2019 Arising Out of PS. Case No.-62 Year-2019 Thana- BARHARA KOTHI District- Purnia ====================================================== 1.

RAJENDRA OJHA Son of Late Nathuni Ojha Resident of Village-Erona, P.S-Udwant Nagar, District-Bhojpur.

2.

Maharaj Singh Son of Late Babulal Singh Resident of Village-Gunyadih, P.S-Nava Nagar, District-Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur.

Mr.Nilesh Kumar For the Opposite Party/s :

Mr.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-12-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seeks bail in a case registered under Sections 302, 120(B) of the Indian Penal Code and 27 of the Arms Act.

The prosecution case, in brief, is that three persons were shot dead by the accused persons.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are in custody since 25-03-2019. Charge sheet has already been submitted. General and omnibus

Patna High Court CR. MISC. No.58642 of 2019(3) dt.18-12-2019 2/2 allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. No specific injury is attributed to the petitioners.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R. It is a case of triple murder. Indiscriminate firing was made by nine accused persons including the petitioners. Three persons have been done to death. The postmortem report also suggests that the death was caused due to fire-arm injury.

Considering the nature and manner of allegation, I am not inclined to grant bail to the petitioners. Accordingly, prayer for bail of the petitioners in connection with Barhara (Raghubanshnagar) P.S. Case No. 62 of 2019 is rejected. The trial court is directed to take all necessary steps to expedite the trial and conclude the same, preferably within a period of one year from the date of receipt/production of copy of this order.

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