Patna High CourtCR. MISC./13429/2018rejected

Shashi Bhushan Kumar Singh @ Fauzi @ Shashi Bhushan Singh @ Fauzi Singh v. The State Of Bihar

2018-08-08Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.13429 of 2018 (4) dt.08-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13429 of 2018 Arising Out of PS.Case No. -143 Year- 2011 Thana -BETTIAH CITY DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Shashi Bhushan Kumar Singh @ Fauzi @ Shashi Bhushan Singh @ Fauzi Singh, S/o Suresh Prasad Singh, Resident of Village- Pamahiya (Motipur), P.S. Kathaiyan, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajit Kumar For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-08-2018 Heard both sides.

The petitioner seeks bail in Bettiah Town P.S. Case No.143 of 2011, corresponding to Sessions Trial No.160 of 2016 registered under Sections 302, 307, 392, 120(B) and 34 of the Indian Penal Code and under Section 27 of the Arms Act. Learned counsel for the petitioner submits that prayer for bail of the petitioner was earlier rejected vide order dated 11.09.2015 passed in Cr. Misc. No.19047 of 2015 and order dated 22.03.2017 passed in Cr. Misc. No.50882 of 2016 but the trial has not yet been concluded in spite of direction of this Court. Learned counsel for the informant submitted that only informant and I.O. are to be examined but the seizure list and

Patna High Court Cr.Misc. No.13429 of 2018 (4) dt.08-08-2018 inquest report are not on record. The Court sent requisition for the construction of seizure list and the inquest report. Order has already been passed.

Having considered the facts aforesaid and the nature of allegation made against the petitioner that it was petitioner who is said to have fired killing Aalind Rai inside his house and petitioner is accused in as many as 14 criminal cases, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. The trial court is directed to hold the trial on day to day basis and conclude the same within six months from the date of receipt of this order.

(Prabhat Kumar Jha, J) Saurabh/- U T