Patna High CourtCR. MISC./73917/2023bail rejected

Sujit Kumar Dubey @ Gobind Kumar Dubey @ Sujit Dubey v. The State Of Bihar

2023-12-22Mr. Justice Alok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73917 of 2023 Arising Out of PS. Case No.-32 Year-2022 Thana- BIKRAM District- Patna ====================================================== SUJIT KUMAR DUBEY @ GOBIND KUMAR DUBEY @ SUJIT DUBEY SON OF SUDHIR KUMAR DUBEY RESIDENT OF VILLAGE - PADARIYAWA, P.S. - VIKRAM, DISTRICT - PATNA (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nawnit Kumar Tiwary For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 22-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Vikram P.S. Case No. 32 of 2022 registered for the offences punishable under Section 302 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, petitioner shot dead the informant's brother.

4. Learned counsel for the petitioner submits that petitioner is in custody since 29.01.2022. He further submits that prayer for bail of the present

Patna High Court CR. MISC. No.73917 of 2023(3) dt.22-12-2023 2/3 petitioner has already been rejected by this Court vide Cr. Misc. No. 44762 of 2022 on 01.02.2023 with direction to expedite the trial as early as possible.

5. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner and submits that there is specific allegation of firing against the petitioner and earlier bail prayer of the petitioner has been rejected on merit and the postmortem report also supported the allegation made in the FIR.

6. A report regarding stage of trial has been sought by this Court and in pursuance of the said direction, the trial court vide letter no. 300 dated 01.12.2023 has sent its report which reveals that no witness has been examined as yet. The aforesaid report further reveals that trial court sought nine months time to conclude the trial.

7. Considering the facts and circumstances of the case, arguments advanced on behalf of both sides, material available on record as well as report of the trial

Patna High Court CR. MISC. No.73917 of 2023(3) dt.22-12-2023 3/3 court, I am not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is hereby rejected.

8. However, trial court is directed to conclude the trial as early as possible by putting the trial on day to day basis.

(Alok Kumar Pandey, J) shahzad/- U T