Shashibhushan Singh @ Fauzi Singh @ Shashibushan Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85346 of 2019 Arising Out of PS. Case No.-107 Year-2013 Thana- DUMARIAGHAT District- East Champaran ====================================================== SHASHIBHUSHAN SINGH @ FAUZI SINGH @ SHASHIBUSHAN PRASAD SINGH Son of Suresh Prasad Singh Resident of Village- Pagahiya (Motipur), P.S.- Kathaiyan, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-01-2020 Petitioner seeks bail in connection with Sessions Trial No. 165 of 2015, arising out of Dumariya Ghat P.S. Case No. 107 of 2013 registered for the offences punishable under Sections 324, 307, 387/34 of the Indian Penal Code and Section 27 of the Arms Act. As per prosecution case, some miscreants came at the wine shop of the informant and demanded five bottles of wine and informant given the same and on demand of price of wine they demanded extortion of Rs.5 lac from him and thereafter they made firing and fled away. Petitioner is accused in nine other cases. Submission of learned counsel for the petitioner is that out of those cases in four cases he has been acquitted and he is in custody for seven years and only one witness has been examined in this case as yet.

Heard learned APP and perused the report, from which it

Patna High Court CR. MISC. No.85346 of 2019(3) dt.20-01-2020 2/2 appears that petitioner was remanded in another case at Motihari and now he has been produced in this case.

In view of above facts and circumstances, I am not inclined to grant bail to the petitioner.

However, the Superintendent of Police, Motihari is directed to ensure the presence of the witnesses in court on regular basis, so that the trial may be concluded within a period of nine months. Needless to say that petitioner has to co-operate in the trial. At the same time, I.G., Prison is directed not to send the petitioner in another case from the jail till the case is concluded. Accordingly, this application is dismissed.

Let a copy of this order be communicated to the D.G.P., Bihar, Home Secretary, Bihar as well as I.G., Prison, Bihar. (Vinod Kumar Sinha, J) spal/- U T