Ravi Singh @ Ravi Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71915 of 2019 Arising Out of PS. Case No.-173 Year-2019 Thana- BAHADURPUR District- Darbhanga ====================================================== Ravi Singh @ Ravi Kumar Singh S/o Vijay Singh @ Baidyanath Singh @ Baijnath Singh, Resident of Village- Taralahi, P.S.- Bahadurpur, DistrictDarbhanga. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Adv.

Mr.Bhaskar Shankar, Adv.

For the Opposite Party/s :

Mr.Shyameshwar Dayal For the Informant Mr, Jagannath Singh, Adv. Mr.Pushkar Rai, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-03-2020 Heard Sri Krishna Prasad Singh, learned Senior Counsel appearing on behalf of the petitioner, learned Addl. Public Prosecutor as well as Sri Jagannath Singh, learned counsel for the informant.

The petitioner seeks bail in Sessions Trial No.363 of 2019, arising out of Bahadurpur P.S. Case No. 173 of 2019 registered for the offence punishable under Sections 302, 307, 342, 506, 149, 120B of the Indian Penal Code and Section 27 of the Arms Act.

The informant alleged that six miscreants came on two motorcycles and accused Ravi Singh(petitioner), Golu Singh and Vikram Singh made indiscriminate firing causing

Patna High Court CR. MISC. No.71915 of 2019(3) dt.06-03-2020 2/3 death of two persons, namely, Baiju Yadav and Parikchhan Yadav.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and due to prior institution of a case i.e. Bahadurpur P.S. Case No.466 of 2018 registered under Sections 302, 307 and other allied Sections of the Indian Penal Code and 27 of the Arms Act lodged by the petitioner against the informant and others, in which brother of the petitioner was killed, the petitioner has been falsely implicated in the present case.Now, Sessions Trial is likely to commence and that is why the informant of the present case, who was named as an accused of Bahadurpur P.S. Case No.466 of 2018, falsely implicated the petitioner. Learned counsel for the petitioner further submits that the petitioner is in jail since 26.04.2019.

Learned counsel for the State as well as learned counsel for the informant submit that there is specific allegation that three persons made indiscriminate firing, due to which two persons died on the spot. Besides, the petitioner is also accused in as many as five criminal cases registered under Section 302, 307 and different Sections of the Indian Penal Code and Arms Act.

Having considered the fact that the petitioner is also

Patna High Court CR. MISC. No.71915 of 2019(3) dt.06-03-2020 3/3 alleged to have fired causing death of two persons I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner stands rejected.

However, the trial court is directed to expedite and hold the trial on day to day basis and conclude the same within one year. The Superintendent of Police, Darbhanga is also directed to ensure presence of prosecution witnesses on the date fixed by the trial court, so that the trial must be concluded within one year.

Let a copy of this order be sent to the trial court Darbhanga and the Superintendent of Police, Darbhanga for information and needful.

(Prabhat Kumar Jha, J) nawalkrs/- U T