Buggi Thakur @ Pawan Thakur @ Pawan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81475 of 2023 Arising Out of PS. Case No.-521 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Buggi Thakur @ Pawan Thakur @ Pawan Kumar Son Of Late Bhothal Thakur @ late Choudhary Thakur R/O- Village- Baghi, Ward No 24, P.S.- Nagar (Lohiyanagar O.P.), District- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anshu Dhar Sharma, Advocate For the Opposite Party/s :
Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Begusarai Town P.S. Case No. 521 of 2021, lodged on 25.08.2021, under Sections 302/120B/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution, FIR has been lodged against four named and one unknown accused persons. In the prosecution case, there is specific allegation against the present petitioner that he has made gun shot on the body of the husband of the informant due to which he died on the spot.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He is in
Patna High Court CR. MISC. No.81475 of 2023(3) dt.05-03-2024 2/3 custody since 31.07.2023 and only due to enmity his name has been inserted in this case. Counsel submits that other co-accused has been granted bail by a coordinate Bench of this Court vide order dated 21.12.2022 passed in Cr. Misc. No.52751 of 2022. Counsel submits that there are six criminal cases pending against the petitioner in which he is on bail in five cases. In one case he is persuading for bail.
5. Learned counsel for the State opposes the prayer for bail.
6. Considering the fact that there is direct allegation of gun shot against the petitioner, this Court is not inclined to grant bail to the petitioner. Hence, the prayer for bail of the petitioner is hereby rejected.
7. Speedy trial is the constitutional vision of justice. Admittedly, there are in total seven criminal cases pending against the petitioner including the present one and all cases are either of Begusarai Town P.S. or of Begusarai Muffasil P.S. Both lies within the territorial jurisdiction of Begusarai, which are as follows:
I. Begusarai Town P.S. Case No.594 of 2015 II. Begusarai Town P.S. Case No.275 of 2016 III. Begusarai Town P.S. Case No.490 of 2020
Patna High Court CR. MISC. No.81475 of 2023(3) dt.05-03-2024 3/3 IV. Begusarai Town P.S. Case No.487 of 2018 V. Begusarai Town P.S. Case No.463 of 2019 VI. Begusarai Muffasil P.S. Case No.54 of 2023 VII. Begusarai Town P.S. Case No.521 of 2021
8. Let the District and Sessions Judge, Begusarai, is directed to do the needful so that all the magisterial triable cases or sessions triable cases prior to commitment shall run before one Magistrate with one date and all sessions triable cases after commitment, shall run before one Session Court with one date.
9. Let the copy of this order is communicated to the District and Session Judge, Begusarai, for perusal and necessary compliance.
(Dr. Anshuman, J) Mkr./- U T