Niraj Singh @ Shivam Singh @ Shivam Singh Rajput v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75796 of 2019 Arising Out of PS. Case No.-12 Year-2018 Thana- SHRIKRISHNAPURI District- Patna ====================================================== NIRAJ SINGH @ SHIVAM SINGH @ SHIVAM SINGH RAJPUT Son of Mukesh Singh @ Manjeet Singh Resident of Village - Neknam Tola, P.S.- Barhara, Distt - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shankar Dayal Singh For the Opposite Party/s :

Mr.Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing lock-down on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Shri Ashok Kumar, the learned APP for the State. The present petition is by way of 3rd attempt at the behest of the petitioner for grant of regular bail inasmuch as the earlier bail petitions filed by the petitioner for grant of regular bail were dismissed by this Court by an orders dated 03.07.2018 and 08.05.2019 passed in Cr. Misc. No. 24692 of 2018 and Cr. Misc. No.70578 of 2018 respectively in connection with Sri Krishnapuri P.S. Case No. 12 of 2018 for the offence punishable under Sections 307,

Patna High Court CR. MISC. No.75796 of 2019(3) dt.09-06-2020 2/2 504/34 of the Indian Penal Code and 27 of the Arms Act. The petitioner is alleged to have opened fire upon the informant, however, the informant was lucky to escape from being hit by the gun shot.

The learned counsel for the petitioner has submitted that the petitioner is languishing in custody since 31.01.2018 and there is no gun shot injury on the informant, hence the benefit of doubt should be given to the petitioner for the purposes of grant of bail to him, hence he be granted the privilege of regular bail.

Per contra, the learned APP appearing for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the materials on record as also taking into account the fact that as many as 11 criminal cases are pending against the petitioner, I do not find it fit and proper to reconsider the prayer of the petitioner for grant of regular bail, hence, the present petition stands dismissed, however, with a direction to the learned trial court to expedite the trial. (Mohit Kumar Shah, J) Tiwary/- U