Patna High CourtCR. MISC./85809/2023bail rejected

Vijayant Singh @ Bijayant Singh @ Bijyant Singh v. The State Of Bihar

2024-03-20Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85809 of 2023 Arising Out of PS. Case No.-203 Year-2021 Thana- ITARHI District- Buxar ====================================================== Vijayant Singh @ Bijayant Singh @ Bijyant Singh Son of Laxman Singh @ Laxuman Singh @ Lakshman Singh Yadav Resident of Village - Gopinathpur, P.O. and P.S.- Itarhi, District - Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Choubey For the Opposite Party/s :

Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-03-2024

1. Heard learned Senior counsel for the petitioner and learned A.P.P. for the State along with learned counsel for the O.P. No.2.

2. The petitioner seeks bail in connection with Itarhi P.S. Case No.203/2021 dated 01.07.2021, registered for the offence punishable under Section 302/34 of the Indian Penal Code.

3. Learned counsel for the O.P. No.2 submits that from perusal of the case record, it appears that the learned 4th Additional Sessions Judge, Buxar submitted his report dated 09.01.2024 in compliance of the order dated 05.01.2024 passed in the instant case wherein it has been recorded that out of 13 charge sheet witnesses, 8 prosecution witnesses including the

Patna High Court CR. MISC. No.85809 of 2023(4) dt.20-03-2024 2/2 I.O. and the doctor are yet to be examined on behalf of the prosecution but then it is submitted that in between 09.01.2024 till date all the prosecution witnesses have been examined and the case is fixed for argument in first week of April, 2024. The said submission of learned counsel appearing on behalf of the O.P. No.2 for the present is not being rebutted by the learned Senior counsel for the petitioner in absence of instruction.

4. Considering the submissions made by the learned counsel for the O.P. No.2, the court is not inclined to release the petitioner on bail as all prosecution witnesses have been examined and the case is fixed for argument.

5. Accordingly, the bail application of the petitioner stands rejected.

6. However, the petitioner would be at liberty to renew his prayer for bail immediately in the event if it is found that the instant bail application has been rejected based on a false submission.

(Satyavrat Verma, J) amit/- U T