Dismissed¶50

Manish Kumar v. the State of Bihar

Patna HC20 Mar 2024CR. MISC./7154/2024

Case brief

AI extract

What is this about?

Keywords: Patna High Court; CR. MISC. No. 7154 of 2024; Manish Kumar versus State of Bihar; Justice Rajiv Roy; order dated 20-03-2024; District Munger; Bariarpur P.S. Case No. 97/2021; Sessions Trial No. 284 of 2021; Sections 307, 326, 302, 34 IPC; Section 27 Arms Act; petitioner in judicial custody; informant deceased; 10 prosecution witnesses examined and discharged; prosecution evidence closed 23.1.2024; defence evidence stage 15.2.2024; extension of time till 30.6.2024 to conclude trial; criminal miscellaneous application rejected; report of District & Sessions Judge-XI Munger vide Letter No. 7 dated 15.2.2024.

What did the court decide?

No relief to the petitioner; time till 30.6.2024 allowed to the Trial Court to conclude the trial. ¶50

Manish Kumar Vs the State of Bihar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7154 of 2024

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Arising Out of PS. Case No.-97 Year-2021 Thana- BARIYARPUR District- Munger

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======================================================

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MANISH KUMAR S/O RAM NATH MANDAL R/O VILLAGEGANDHIPUR, P.S- BARIYARPUR, DISTT.- MUNGER.

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR BIHAR

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... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Ravish Mishra, Advocate For the Opposite Party/s : Mr.Mohammed Arif, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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3 20-03-2024

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Heard learned counsel for the petitioner, the State and the learned counsel for the informant.

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The petitioner is in judicial custody in connection with S.Tr. No.284 of 2021 arising out of Bariarpur P.S. Case No.97/2021 instituted under Sections 307, 326, 302, 34 of the Indian Penal Code and 27 of the Arms Act.

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As per the FIR, the informant (deceased) narrated the story that when he was sitting outside his house, one Suman Kumar came on a motorcycle in which the present petitioner accused, Manish Kumar was also seated and he further alleged that the petitioner herein opened fire which hit left side of his chest. As the villagers gathered, the accused persons fled away.

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The informant was taken for treatment to hospital

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Patna High Court CR. MISC. No.7154 of 2024(3) dt.20-03-2024 2/6

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and after first aid was referred to Sadar Hospital, Munger and thereafter to Patna, but he succumbed to his injury later.

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In this case, on 9.2.2024, report was called for

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which has since been received vide letter no. 7 dated 15.2.2024

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and the details chart is incorporated hereinbelow:

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From,

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Prajesh Kumar

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District & Sessions Judge-XI

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Munger,

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To, The Assistant Registrar

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High Court of Judicature at Patna.

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Ref. Honble Court's order dated 09.02.2024 passed in Cr. Misc. No. 7154/ 2024

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Sub. Stage of trial of Sessions Trial no. 284 of 2021 arising out of Bariarpur P.S. Case No. 97 of 2021.

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Dated, Munger, the 15^th day of February, 2024

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Sir With due respect, I have to submit that next date fixed in this case is 15.02.2024 for defence evidence i.e. today.

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The procedural history, progress and stage of this case is produced herein below:-

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Sr.No.	Date	Event
1.	23.8.2021	Bariarpor P. S. Case No. 97/2021u/s 307/34 I.P.C.
		and 27 Arms Act registered against 1. Suman
		Kumar and 2. Manish Kumar who surrendered in the Court on 27.08 2021.
2.	22.11.2021	Charge sheet No. 102/2021 dated 22.11.2021u/s
		307, 326, 302/34 and 27 Arms Act against 1.

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Patna High Court CR. MISC. No.7154 of 2024(3) dt.20-03-2024 3/6

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		Suman Kumar and 2. Manish Kumar.
3.	22.11.2021	Cognizance of offence u/s 307, 326, 320/34 and 27 Arms Act.
4.	6.12.2021	Case was committed to the court of session and the record was received in Sessions Court on 17.12.2021
5.	30.01.2022	Charge u/s 302/34, 307/34 and 326/34 LPG, was framed
6.	12.8.2022	Accused Suman Kumar released on bail by the order dated 03.08.2022 passed by Hon'ble High Court, Patna in Cr. Misc. no. 21041/2023
7.	23.8.2022	P.W. 1 Lata Devi w/o Informant Arun Kumar Singh(since deceased) examined, cross- examined, and discharged.
8.	8.9.2022	PW-2 Ashok Kumar Mandal examined, cross- examined, and discharged.
9.	27.9.2022	PW.3 Amarjeet Kumar examined, cross-examined, and discharged.
10.	6.1.2023	P.W. 4 Dr. Manoj Kumar, who conducted Post- mortem of deceased Arun Kumar Singh at NMCH
		Patna, was examined, cross-examined, find discharged,
11.	13.2.2023	PW. 5. Vijay Kumar, who recorded the fardbeyan of informant Arun Kumar Singh (since deceased), examined, cross-examined, and discharged.
12.	15.3.2023	order dated 15.03.2023 passed in Cr. Misc. no. 16107 of 2023, Hon'ble Court has been pleased to direct this Court to take immediate steps for concluding the trial at an earliest preferably within a period of nine months from today.
13.	21.3.2023	Order dated 15-3-2023 passed in Cr. Misc. no. 16167 of 2023, Hon'ble Court received and

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Patna High Court CR. MISC. No.7154 of 2024(3) dt.20-03-2024 4/6

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		attached with the record.
14	24.7.2023	Undersigned joined as PO of this Court
15.	11.8.2023	Record first placed before this PO
16.	5.9.2023	P.W. 6 Jyotish Chandra Patel examined, cons- examined, and discharged
17.	11.9.2023	P.W.7 Vikash Kumar Raw examined, cross- examined, and discharged.
18.	11.9.2023	A petition is 216 CrPC has been filed for adding Charge u/s 27 Arms Act on behalf of prosecution. Defence sought time to file rejoinder
19.	14.9.2023	PW: 8 Rajesh Kumar, I.O. of this case, examined, cross-examined, and discharged.
20.	26.9.2023	Rejoinder to the petition dated 11.09.2023 was filed on behalf of accused Suman Kumar both the accused asked for time.
21.	26.9.2023	Supplementary petition to the petition dated 11.09.2023 was filed on behalf of prosecution.
22.	27.9.2023	P.W. 9 Sadananad Singh, examined, cross- examined, and discharged
23.	31.9.2023	PW 10 Md Shabir Hussain, examined, cross- examined and discharged.
24.	6.11.2023	Petitions filed on behalf of prosecution for adding Charges 27 Arms Act was allowed
25.	23.11.2023	Charge is 27 of Arms Act framed
26.	23.11.2023	Request letter send to Hon'ble High Court with prayer to extend further three months time vide letter no. 114 dated 23.11.2023.
27.	23.1.2024	Prosecution evidence closed
28.	23.1.2024	Vide order dated 19.01.2024 passed in Cr. Misc. no. 16167 of 2023, Hon'ble Court has been

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Patna High Court CR. MISC. No.7154 of 2024(3) dt.20-03-2024 5/6

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		pleased to grant further three months time.
28.	25.1.2023	Statement of accused Manish Kumar u/s 313 CrPC
29.	29.1.2024	Statement of accused Suman Kamar u/s 31.3Cr.PC
30.	31.1.2024	On prayer of defencetime granted to adduce evidence.
31.	12.2.2014	On prayer of defencetime granted to adduce
		evidence.
32.	15.2.2014	Next date for defence evidence i.e. today.

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Hence, this report is being submitted for kind

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perusal of Hon'ble Court.

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Yours faithfully,

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District & Sessions Judge

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Munger

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15.02.2024

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From the aforesaid facts, it is clear that 10 prosecution witnesses have been examined,cross examined and discharged and further twice request has been made by the District & Sessions Judge, Munger for extension of time firstly on 23.11.2023 and secondly on 23.1.2024. The day the letter was signed (15.2.2024), the matter was fixed for the defence evidence.

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