Vishal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73802 of 2022 Arising Out of PS. Case No.-205 Year-2019 Thana- BHORE District- Gopalganj ====================================================== VISHAL SINGH S/o Ram Pravesh Singh R/v- Madho Matihania, P.S.- Mirganj, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghav Prasad For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case instituted for the offence under Sections 302/379/120(B) and 34 of the Indian Penal Code and Sections 25(1-B)A, 27 and 35 of the Arms Act. As per allegation in the FIR, due to non fulfillment of ransom demand, while the informant and his younger brother were seated under a tree near the petrol pump, several accused persons surrounded the younger brother of the informant and opened indiscriminate firing upon him as a result of which he succumbed to gun shot injuries.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to previous enmity. Petitioner is not named in the FIR. On suspicion, he was arrested by the police and by applying force, police took his signature on white paper and later on the same was converted into

Patna High Court CR. MISC. No.73802 of 2022(3) dt.07-04-2023 2/2 his self confessional statement, which has no evidentiary value in the eye of law. Petitioner is languishing in judicial custody since 12.12.2019.

The application for bail is opposed by learned APP for the State and submitted that petitioner is a habitual offender as about 20 cases are pending against him. During investigation, several witnesses have supported the prosecution case. As per injury report, doctor opined cause of death due to Hemorrhage and Shock resulting into five injuries caused by fire arm. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial court is directed to expedite and conclude the trial within a period of six months which is mentioned in the status report dated 29.03.2023, failing which petitioner will be at liberty to renew his prayer for bail.

(Sunil Kumar Panwar, J) arish/- U T