Alok Singh @ Mantu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.16112 of 2021 Arising Out of PS. Case No.-761 Year-2018 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== ALOK SINGH @ MANTU SINGH S/o Chanddra Bhushan Singh R/o village- Paspur, P.S.- Muffasil, District- Begusarai ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar,Advocate For the Opposite Party/s :

Mr.Akhileshwar Dayal,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 22-06-2021 Heard Mr. Bipin Kumar, learned counsel for the petitioner and Mr. Akhileshwar Dayal, learned APP for the State.

This is the second attempt of the petitioner to obtain regular bail in connection with Muffasil P.S. Case No. 761 of 2018 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Earlier the prayer for bail of the petitioner was rejected vide order dated 27.11.2019 passed in Cri. Misc. No. 59712 of 2019 after finding that there is a direct allegation of firing against the petitioner which gets corroborated from the post mortem report.

Learned counsel for the petitioner submits that for

Patna High Court CR. MISC. No.16112 of 2021(4) dt.22-06-2021 2/3 almost one and half year no progress has taken place as regards the trial. It is submitted that on 17.04.2021 the case has been committed to the Court of Sessions and the trial is not likely to be concluded in near future, hence, the prayer for bail may be considered.

Learned APP for the State has opposed the prayer for regular bail of the petitioner.

Considering the facts and circumstances of the case, the seriousness of the allegation and the kind of materials which have been noticed by this Court in the earlier order, this Court is not inclined to grant bail to the petitioner. This Court, however, finds some force in the submission of learned counsel for the petitioner that the petitioner has a right to a speedy trial, therefore, this Court directs the learned trial court to take steps for framing of charges and proceed with the trial of this case as early as possible within a period of two months from today and all endeavours be made to conclude the trial as early as possible preferably within a period of nine months from today. For this purpose, the learned trial court shall give a shorter date and it is expected that the Public Prosecutor shall co-operate with the trial court by producing the prosecution witnesses on the dates fixed in the

Patna High Court CR. MISC. No.16112 of 2021(4) dt.22-06-2021 3/3 matter.

This application stands disposed of with the aforesaid directions and observations.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.