Shuvam Kumar @ Subham Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59426 of 2019 Arising Out of PS. Case No.-264 Year-2018 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== SHUVAM KUMAR @ SUBHAM KUMAR Son of Manoj Kumar @ Manoj Kumar Singh Resident of Village- Tuddhi (Dothi), P.S.- Prabatt (Parbatta), District- Khagaria, at present Resident of Mohalla- Sarvoday Nagar(Samboday Nagar) Ward No. 4D, P.S.- Begusarai Nagar, DistrictBegusarai. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sabal Kumar Jha For the Opposite Party/s :
Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-03-2020 Heard the parties.
This application is for grant of regular bail in connection with Begusarai Town (Ratanpur O.P.) P.S.case No.264 of 2018 arising out of S.T.No.694 of 2018 for the offences under Sections 307 and 34 of the Indian Penal Code and Section 27 of the Arms Act.
Earlier the prayer for bail of the petitioner was rejected, vide order dated 20.2.2019 passed in Cr. Misc. No.115 of 2019 . There is specific allegation of firing against the petitioner causing injury on the chest and the injury was grievous in nature.
Submission of the learned counsel for the
Patna High Court CR. MISC. No.59426 of 2019(5) dt.03-03-2020 2/2 petitioner is that he is in custody for more than one year and up till now the trial has not commenced.
Heard learned A.P.P. and the learned counsel for the informant and perused the report submitted by the learned trial court from which it appears that one of the co-accused has been granted bail , who has absconded, as such the processes under Section 82 and 83 of the Cr.P.C. has been issued against him. Case is at the stage of the appearance .. Having heard both sides and considering the above, I am not inclined to grant bail to the petitioner , however, the learned trial court is directed to expedite the trial of the petitioner, even if it is required, separate the case of the petitioner from other accused persons, who are absconding and proceed with the trial.
Accordingly, this application is dismissed with above direction.
(Vinod Kumar Sinha, J) chn/- U T