Badal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74064 of 2019 Arising Out of PS. Case No.-149 Year-2019 Thana- GAYA KOTWALI District- Gaya ====================================================== Badal Kumar Son of Bishnudev Prasad, Resident of Mohalla- Ramdhanpur, Dhankuti Gali, P.S.- Kotwali, District- Gaya. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Bakshi SRP Sinha, Senior Advocate Mr.Mrigendra Pratap Singh, Advocate For the Opposite Party/s :

Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with STR No. 330 of 2019 arising out of Kotwali P.S. Case No. 149 of 2019 registered for the offences punishable under Sections 307, 302 of the Indian Penal Code and Section 27 of the Arms Act.

Learned Senior Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Learned Senior Counsel further submits that all the private witnesses on behalf of the prosecution have been examined and now only two official witnesses have remained to be examined and he is in custody since 10.04.2019.

Patna High Court CR. MISC. No.74064 of 2019(2) dt.11-12-2019 2/2 Learned A.P.P. for the State has opposed the prayer for bail.

Considering the facts and circumstances of the case, wherein learned Senior Counsel for the petitioner has informed this Court that all the private witnesses on behalf of the prosecution have been examined and now only two official witnesses have remained to be examined, this Court is not inclined to grant regular bail to the petitioner at this stage. Let the trial court conclude the trial within a period of three months on the date of receipt/production of a copy of this order.

The Superintendent of Police, Gaya is directed to ensure that on the next date fixed by the trial court the Investigating Officer of the case and the Doctor must appear to record their statements. If it is not done within the aforesaid period, the petitioner may renew his prayer for bail. (Rajeev Ranjan Prasad, J) vats/ved U T