Patna High CourtCR. MISC./15402/2016dismissed

Raju Bin @ Rajalal @ Rajalal Bin v. The State Of Bihar

2016-08-01Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15402 of 2016 Arising Out of PS.Case No. -256 Year- 2014 Thana -KATEYA District- GOPALGANJ ====================================================== Raju Bin @ Rajalal @ Rajalal Bin, Son of Triweni Prasad, Resident of Village- Khap Maksudpur, P.S. Yadopur, District- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raghav Prasad, Adv. For the Opposite Party/s : Mr. T.N. Thakur (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 03.11.2014 in connection with S.Tr. No. 106 of 2016 arising out of Kateya P.S. Case No. 256 of 2014 for the offences instituted under Sections 307,394, 411 and 302 of the Indian Penal Code and 27,25(1-b)a, 26/35 of the Arms Act.

Earlier the bail application of the petitioner was rejected vide Cr. Misc. No. 29814 of 2015 dated 12.08.2015. This is the second attempt for grant of regular bail on behalf of the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 03.11.2014. There is one case pending against the petitioner. There is no allegation of tempering of evidence against the petitioner.

Patna High Court Cr.Misc. No.15402 of 2016 (5) dt.01-08-2016 2/2 A report was called for regarding the stage of the case from the court below. The same is kept at Flag 'K'. All the private witnesses have been examined except for the official witnesses.

Considering the facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in connection with S.Tr. No. 106 of 2016 arising out of Kateya P.S. Case No. 256 of 2014 pending in the court of learned Additional Sessions Judge 1st Gopalganj. Anyhow, the court below is directed to take all necessary steps to conclude the trial preferably within a period of six months from the date of receipt/production of a copy of this order.

The Superintendent of Police, Gopalganj, is also directed to ensure that all the official witnesses are produced on the date fixed by the trial Court.

Let a copy of this order be communicated to the Superintendent of Police, Gopalganj.

(Sudhir Singh, J) Prakash/- U T