Patna High CourtCR. MISC./15269/2017dismissed

Rajesh Kumar @ Nakat Gope v. The State Of Bihar

2017-04-06Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15269 of 2017 Arising Out of PS.Case No. -385 Year- 2015 Thana -RAJIVNAGAR District- PATNA ======================================================

1. RAJESH KUMAR @ NAKAT GOPE S/o Jai Rai resident of Patliputra , P.S. Digha, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shiva Shankar Sharma For the Opposite Party/s : Mr. Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-04-2017 Heard the parties.

This application is for grant of bail in connection with Rajeev Nagar P.S.Case No.385 of 2015, S.Tr. No.722(A-1) of 2016 for the offence under Sections 147, 148, 149, 387, 323, 324, 504, 506, 307, 302, 448 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

It is submitted on behalf of the petitioner that there is allegation of firing along with three other accused persons on the deceased due to which he died, however, there is three injuries found on the person of the deceased. Further, it is submitted that the name of the petitioner has been inserted later on, which will appear from the F.I.R., as there was cutting there and name of the petitioner was inserted. It has also been submitted that the

Patna High Court Cr.Misc. No.15269 of 2017 (2) dt.06-04-2017 2/2 petitioner is in custody since 11.7.2016. He has criminal antecedent.

Heard learned A.P.P. also, who has opposed the prayer for bail.

Having heard both sides and from perusal of the record, it appears that there is direct allegation against the petitioner along with the three others of firing on the deceased. It further appears that the case is pending for trial, vide Sessions Trial No.722(A-1) of 2016.

Considering the aforesaid facts, I am not inclined to grant bail to the petitioner at this stage, however, as the trial has been initiated, the learned trial court is directed to expedite the trial and try to conclude it as soon as possible.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U