Pawan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70600 of 2019 Arising Out of PS. Case No.-351 Year-2019 Thana- JAHANABAD District- Jehanabad ====================================================== PAWAN SINGH Son of Jagdish Singh Resident of Village - Shahawajpur, P.S. and District - Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Anand, Adv For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-02-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State in virtual Court proceeding. The petitioner seeks bail in connection with Jehanabad P.S.Case No.351 of 2019 registered for the offence under Sections 147,148,149,302,120(b)/324 of the I.P.C. and 27 of the Arms Act.

The prosecution case, in short, is that on 05.05.2019 at about 6.00 P.M. the informant Shashi Kant Kumar alongwith his father Saguni Yadav was returning from Jehanabad and as soon as they reached near the house of Devendra Singh all the accused persons including the petitioner came out from their house with arms and caught hold Saguni Yadav and the accused persons dragged Saguni Yadav on northern lane situated back side the house of co-accused Devendra Singh and started firing

Patna High Court CR. MISC. No.70600 of 2019(10) dt.11-02-2022 2/3 on order of Grish Singh and they killed Saguni Yadav and fled away. It is alleged that the deceased Saguni Yadav has sustained two bullet injury on his forehead, one bullet injury on cheek and one bullet injury on neck. It is further alleged that there is land dispute between the parties.

Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He further submits that there is general and omnibus allegation of firing against all the accused persons. There is no specific allegation against the petitioner.

Learned counsel for the informant as well as learned A.P.P. appearing for the State have vehemently opposed the prayer for bail of the petitioner.

Vide order dated 02.12.2021, a report was called for from the learned court below with regard to stage of the trial. Report reveals that the trial is going on. Only Investigating Officer is yet to be examined by the prosecution. Considering the aforesaid fact, I am not inclined to enlarge the petitioner on bail in connection with Jehanabad P.S.Case No.351 of 2019 pending in the court of learned C.J.M., Jehanabad.

Prayer is refused.

Patna High Court CR. MISC. No.70600 of 2019(10) dt.11-02-2022 3/3 However, learned Trial Court is directed to expedite the trial.

(Rajesh Kumar Verma, J) Nitesh/- U T