Bachchu Singh @ Bachcho Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.873 of 2019 Arising Out of PS. Case No.-122 Year-1998 Thana- BARIYARPUR District- Munger ====================================================== Bachchu Singh @ Bachcho Singh, Son of Late Jagdish Singh, Resident of Village-Jhaua Bahiyar P.S Harinmar, District-Munger. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ramakant Sharma, Sr. Advocate and Mr.Ajit Kumar Singh, Advocate.

For the Opposite Party :

Mr. Satya Nand Shukla, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-04-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 03.08.2018 in a case for the offence registered under Sections 147, 148, 149, 341, 307, 302/34 of the IPC and 27 of the Arms Act.

The prosecution story, in brief, is that on 24.05.1998 in the bee hour, when the deceased was returning after attending the call of nature and reached near the field of one Shambhu Singh, the petitioner alongwith other accused surrounded him, fired shots at him as a result of which, he succumbed to fire arm injuries, thereafter, all the accused alongwith petitioner went to the house of the informant where the deceased had come on the

Patna High Court CR. MISC. No.873 of 2019(5) dt.09-04-2019 2/3 eve of marriage, also did firing there.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. General and omnibus allegation has been made against four accused persons for making firing upon the deceased. No specific injury has been attributed against the petitioner.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. There are multiple firearms injuries on the body of the deceased. The postmortem report also supports the allegation made in the F.I.R.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in connection with Sessions Trial No. 986B of 1999, arising out of Bariyarpur P.S. Case No. 122 of 1998, pending in the court of learned Fast Track Court-II, Munger. The court below is directed to take all necessary steps to conclude the trial preferably within a period of one year from the date of receipt/production of copy of this order.

Patna High Court CR. MISC. No.873 of 2019(5) dt.09-04-2019 3/3 The District Magistrate, Munger and the Superintendent of Police, Munger, are also directed to ensure that the prosecution witnesses are produced in the court below on the date fixed by the court below so that the trial could be concluded within the stipulated period.

Let a copy of this order be communicated to the District Magistrate, Munger and the Superintendent of Police, Munger.

U.K./- (Sudhir Singh, J) U T