Suraj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76046 of 2019 Arising Out of PS. Case No.-169 Year-2019 Thana- KASIMBAZAR District- Munger ====================================================== SURAJ SINGH Son of Ganesh Kumar Singh @ Ganni Singh Resident of Village - Bhalar, P.S.- Dharahra, Distt - Munger. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Kamal Nayan, Adv For the Opposite Party/s :

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 307/34 of the I.P.C and Section 27 of the Arms Act.

Accusation against the petitioner is of commission of firearm injury at the chest of the informant. Petitioner has got five criminal cases all of serious nature against him. Learned counsel for the petitioner submits that petitioner is already in custody since 24.07.2019. Investigation of the case is already complete. In the past criminal cases, petitioner is already on bail. There are lapses in the investigation to the extent that the report from the initial hospital where the injured got treated, was not obtained rather there is delay of six

Patna High Court CR. MISC. No.76046 of 2019(3) dt.16-03-2020 2/2 days in recording the fardbeyan.

The fardbeyanb was recorded in the hospital and in normal circumstances, the victim, who had sustained firearm injury at the chest, would get his treatment first. Hence, the aforesaid infirmity cannot come in the way for refusal of prayer for bail.

Considering the nature of allegation and criminal antecedent of the petitioner, I am not inclined to enlarge him on bail for the present in connection with G.R.No.1857 of 2019(arising out of Kasim Bazar P.S.Case No.169 of 2019) pending in the court of learned Chief Judicial Magistrate, Munger. Hence, prayer is refused.

Learned Trial Court is directed to expedite the trial and conclude the same preferably within nine months, failing which the petitioner would be at liberty to renew the prayer for bail before the learned court below itself.

(Birendra Kumar, J) Nitesh/- U T