Patna High CourtCR. MISC./8240/2016dismissed

Rahish Rai v. The State Of Bihar

2017-03-22Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8240 of 2016 Arising Out of PS.Case No. -127 Year- 2013 Thana -SAHPUR District- PATNA ====================================================== Rahish Rai, S/o Vishwanath Rai, R/o Village- Sinehi Tola, P.S.- Naubatpur, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sheo Nandan Pandit For the Opposite Party/s : Mr. Indra Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 22.03.2017 Heard learned counsels for the petitioner and J.N. Thakur for the State.

The petitioner has renewed the prayer for bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code. The petitioner is languishing in custody since 30.09.2013.

The prosecution case is of assaulting the husband of the informant by this petitioner and co-accused Vishwanath Rai.

It is submitted by learned counsel for the petitioner that the accusation of making assault by two persons but only one incised wound has been found on the head of the victim and co-accused Vishwanath Rai has been granted bail. The

Patna High Court Cr.Misc. No.8240 of 2016 (7) dt.22-03-2017 2/2 petitioner is in custody since three and half years. Mr. J.N Thakur, learned APP has produced letter No. 451 dated 21st March, 2017 of S.S.P., Patna to the effect that all prosecution witnesses have already been examined except one Panchu Singh who will be produced before the learned trial court on 24.03.2017.

Considering the advance stage of the trial, this Court is not inclined to revise the earlier order. Accordingly, the prayer for bail of the petitioner is rejected in connection with Sessions Trial No. 922 of 2014 arising out of Shahpur P.S. Case No. 127 of 13 pending in the court of learned Additional Sessions Judge-2, Danapur.

However, it is expected from the learned trial court to conclude the trial within a period of five months. If the trial will not be concluded within a period of five months, the petitioner will be at liberty to renew the prayer for bail. (Dinesh Kumar Singh, J) DKS/- U T