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Patna High CourtCR. MISC./62071/2019dismissed

Braj Kishore Singh @ Brij Kishore Singh v. The State Of Bihar

2020-09-28Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62071 of 2019 Arising Out of PS. Case No.-120 Year-2017 Thana- OBRA District- Aurangabad ====================================================== BRAJ KISHORE SINGH @ BRIJ KISHORE SINGH S/o Late Kedar Singh Resident of Village- Akauna, P.S.- Obra, District- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Singh For the Opposite Party/s :

Mr.Shailendra Kumar For the Informant :

Mrs. Nivedita Nirvikar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner seeks bail in Obra P.S. Case No. 120/2017 instituted for the offences under Sections 302, 307, 323, 324, 325, 326, 504, 147, 148, 149 of the Indian Penal Code and 27 of the Arms Act.

The earlier bail application of the petitioner was rejected vide Annexure- 1 to the present application taking into account that the petitioner is the main assailant.

Patna High Court CR. MISC. No.62071 of 2019(4) dt.28-09-2020 2/2 A report was called for from the Trial Court. It has been reported that an application has been filed before the Hon'ble Patna High Court for quashing of the cognizance order and a petition has been filed under Section 227 of Cr.P.C. in the Court below which is pending for hearing and for the said reasons, the trial is not proceeding.

Considering the nature of allegation, I am not inclined to grant bail to the petitioner. The prayer is rejected. (Sudhir Singh, J) Pankaj/- U T