Pramod Kumar @ Pramod Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.434 of 2023 Arising Out of PS. Case No.-85 Year-2019 Thana- PARAIYA District- Gaya ====================================================== PRAMOD KUMAR @ PRAMOD PRASAD Son of Nago Mahato @ Nagendra Prasad Resident of Village - Paranpur, Police Station - Paraiya, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar, No2, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-02-2023 Heard learned counsel for the parties.

The petitioner has renewed his prayer for grant of regular bail in a case registered under section 302 and other sections of the Indian Penal Code and section 27 of the Arms Act.

The earlier application for bail of the petitioner was rejected vide order dated 10.8.2021 (Annexure-1) passed in Cr. Misc. no. 10112 of 2021.

As per the prosecution case, the petitioner is said to have shot the brother of the informant with a pistol in his head. It is submitted by learned counsel for the petitioner that there is an inordinate delay in lodging of the F.I.R. which would be evident from the contents of the F.I.R. itself. The

Patna High Court CR. MISC. No.434 of 2023(3) dt.22-02-2023 2/2 petitioner is in custody since 27.7.2019 and there is no chance of the trial concluding in the near future. He undertakes to cooperate in the trial.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner together with the same having been supported from the contents of the post-mortem report, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. Taking into consideration the period that the petitioner has remained in custody ie since 27.7.2019, liberty is granted to the petitioner to renew his prayer for bail if there is no progress in trial in the learned trial Court in six months. (Partha Sarthy, J) shiv/- U