Nirmal Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.75421 of 2018 Arising Out of PS. Case No.-64 Year-2018 Thana- SURYAPUR District- Rohtas ====================================================== Nirmal Kumar Singh, Son of Mudrika Singh, Resident of Village-Sujanpura, P.S.-Dinara, District-Rohtas.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Om Prakash Upadhyay, Advocate.
For the Opposite Party/s :
Mr. Anant Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-01-2019 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in Surajpura P.S. Case No. 64 of 2018, instituted for the offence under Section(s) 341, 504, 307, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.
It is alleged in the written report filed by the informant that on 2.6.2018 at 7:30 p.m. her husband Rahim Khan received call on his Mobile by co-accused Dablu Yadav @ Mukhiya. Thereafter, her husband told her that Dablu Yadav @ Muykhiya is calling him on the door of Nazir Yadav. It is further alleged that at about 9:30 p.m. one Babudhan Yadav came in the house of the informant and informed that her husband has sustained gun shot injury in front of the house of
Patna High Court Cr.Misc. No.75421 of 2018(3) dt.16-01-2019 2/3 Nazir Yadav. The informant went there and found her husband lying injured by sustaining firearm injury. He disclosed that Dablu Yadav @ Mukhiya has called him and took him to the Dalan of Nazir Yadav where brother-in-law of Nazir Yadav namely, Nirmal Kumar Singh was present. The informant made demand of his loan amount from Nirmal Kumar Singh, upon which, he became angry and caused firearm injury to him in the chest.
Case diary has been received.
The injury report is available in paragraph-50 of the case diary wherein the Doctor has found pillet injury over the chest of the informant which was found to be grievous in nature. In paragraph-23 of the case diary there is specific allegation against the petitioner of causing gun shot injury to the husband of the informant.
Therefore, this Court is not inclined to grant bail to the petitioner at this stage.
Prayer for bail of the petitioner stands rejected. Counsel for the petitioner submits that petitioner is in custody since 3.7.2018. The trial court is directed to expedite the trial and make efforts to conclude the same as early as possible preferably within a period of six months from the date of receipt
Patna High Court Cr.Misc. No.75421 of 2018(3) dt.16-01-2019 3/3 of this order.
Petitioner may renew his prayer for bail after six months in the event no substantive progress is made in the trial. (Sanjay Priya, J) S.Ali/- U T