Bail application rejected. Court directed petitioner to remove defects within four weeks. Directed trial court to conclude trial within nine months.
Application dismissed; order to remove defects within four weeks; trial to be concluded within nine months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31249 of 2020
Arising Out of PS. Case No.-1102 Year-2018 Thana- BIHTA District- Patna
======================================================
BITESWAR VERMA @ BIRENDRA VERMA @ BIRENDRA KUMAR VERMA, aged about 46 years, Male, Son of Late Sahja Verma @ Satya Narayan Verma, Resident of Village-Bhagwatipur, P.S.- Bihta (Neora), District-Patna.
... ... Petitioner
Versus
THE STATE OF BIHAR
... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr.Awadhesh Kumar, Advocate. For the Opposite Party : Mr. Gauri Shankar Gupta, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
4 05-02-2021
Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in a case registered for the offence under Sections 302/34 of the I.P.C. and 27 of the Arms Act.
The prosecution story, in brief, is that on the alleged date and time of occurrence, all the accused persons tried to enter into the house of the informant. The father of the informant raised objection then Deepak Kumar, Vikky and Prem Chand caught his father and this petitioner fired on his father and fled away after giving threat of dire-consequences.
Earlier bail application of the petitioner was rejected
Patna High Court CR. MISC. No.31249 of 2020(4) dt.05-02-2021 2/2
vide Cr. Misc. No. 34692 of 2019 under order dated 02.09.2019, annexed as Annexure-1 to the present application, taking into account that the petitioner is the assailant of the deceased.
This is second attempt on behalf of the petitioner for grant of bail.
A report was called for from the court below regarding the present stage of the case. It has been reported that cognizance has been taken against the accused persons and the case is pending for compliance of Section 207 of Cr. P.C. and due to Covid-19, the case could not proceed further.
Considering the nature of accusation, I am not inclined to grant bail to the petitioner. The same is rejected in connection with Bihta (Neora) P.S. Case No. 1102 of 2018, pending in the court of learned Additional Chief Judicial Magistrate-Ist, Danapur.
The court below is directed to take all necessary steps immediately and proceed with the case and conclude the trial preferably within a period of nine months from the date of receipt/production of copy of this order.
(Sudhir Singh, J)
U.K./- U T
1 issue framed by the court
Whether bail should be granted to the petitioner in a case involving offences under Sections 302/34 IPC and Section 27 of the Arms Act.
3 provisions across 3 enactments
Biteswar Verma @ Birendra Verma
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
