Sambhu @ Shambhu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74075 of 2022 Arising Out of PS. Case No.-205 Year-2019 Thana- BHORE District- Gopalganj ====================================================== SAMBHU @ SHAMBHU SINGH S/o Baliram Singh R/v- Balahata, P.S.- Uchkagawn, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghav Prasad, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks bail, who is in custody since 12.12.2019, in connection with Bhore P.S. Case No. 205 of 2019, F.I.R. dated 13.06.2019 registered for the offences punishable under Sections 302/404/120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act but the police after investigation submitted chargesheet under Sections 302, 379, 120B/34 of the Indian Penal Code and Section 25(1-B)A, 27/35 of the Arms Act.

3. Allegation against the petitioner is that he along with other co-accused persons committed the murder of the deceased Ramashray Singh.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.74075 of 2022(4) dt.21-08-2023 2/3 the petitioner is innocent and he has been falsely implicated in the present case. He further submits that the petitioner is not named in the F.I.R. and the name of the petitioner has been transpired on the basis of self confessional statement of petitioner and except the self confessional statement, no other cogent material has come during investigation to suggest the involvement of the petitioner in the present occurrence. He further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 12.12.2019.

5. Vide order dated 13.04.2023 a report was called for with regard to the stage of the trial. Report dated 19.04.2023 of the learned Trial Court reveals that all the prosecution witnesses have already been examined and statement of the accused was also recorded under Section 313 of the Cr. P.C. and now the case is fixed for defence evidence.

6. Considering the aforesaid facts and circumstances of the case and in view of the report of the learned Trial Court, I am not inclined to enlarge the petitioner on bail in connection with Bhore P.S. Case No. 205 of 2019 pending in the Court of learned Judicial Magistrate, 1st Class, Gopalganj.

7. Prayer is refused.

Patna High Court CR. MISC. No.74075 of 2022(4) dt.21-08-2023 3/3

8. However, learned Trial Court is directed to expedite and conclude the trial at the earliest. (Rajesh Kumar Verma, J) Ibrar//- U T