Patna High CourtCR. MISC./16849/2021rejected

Jitendra Ram v. The State Of Bihar

2021-07-14Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16849 of 2021 Arising Out of PS. Case No.-36 Year-2019 Thana- RAGHUNATHPUR District- Siwan ====================================================== JITENDRA RAM SON OF LATE RAMNATH RAM RESIDENT OF VILLAGE-AADAMPUR, PS-RAGHUNATHPUR, DISTRICT-SIWAN, BIHAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramchandra Singh, Adv.

For the Opposite Party/s :

Mr. A.P.P.

For the Informant :

Mr. Saurabh Bishambhar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 14-07-2021 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Raghunathpur P.S. Case No. 36 of 2019 for the offence under Sections 341, 323, 307, 427/34 and later on 302 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that earlier the prayer for bail of this petitioner had been rejected by this Court vide order dated 03.03.2020 passed in Cr. Misc. No. 15127 of 2020. As per the report received from the In-charge District and Sessions Judge, Siwan, the trial could not be proceeded in absence of coaccused, Manoj Ram, and there is no likelihood of

Patna High Court CR. MISC. No.16849 of 2021(4) dt.14-07-2021 2/2 completion of trial in near future. The petitioner is rotting in judicial custody since 24.10.2019.

Learned A.P.P. for the State has opposed the prayer for bail and submitted that earlier the prayer for bail of the petitioner has been rejected on merit and now no fresh ground is available on record to reconsider the prayer for bail of this petitioner. Accordingly, the prayer for bail may be rejected.

Considering the facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of this petitioner is rejected. However, the trial court is directed to split up the trial and proceed with the trial of this accused and expedite the trial of the case.

(Arvind Srivastava, J) Brajesh/- U T