Rana Ranvijay Singh @ Bablu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12407 of 2023 Arising Out of PS. Case No.-56 Year-2016 Thana- FATUA District- Patna ====================================================== Rana Ranvijay Singh @ Bablu S/o Sri Ram Suresh Singh @ Suresh Singh Resident of Village- Fatehpur, P.S.- Raghopur, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Adv.
For the Informant/s :
Mr. Y.V. Giri, Sr. Adv.
Ms. Riya Giri, Adv.
For the Opposite Party/s :
Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 17-05-2023 Heard Mr. Ajay Kumar Thakur, learned counsel for the petitioner, Mr. Y.V. Giri, learned senior counsel duly assisted by Ms. Riya Giri, learned counsel for the informant and Mr. Navin Kumar Pandey, learned Additional Public Prosecutor for the State.
This is the second attempt wherein the petitioner is renewing his prayer for bail in connection Fatuha P.S. Case No. 56 of 2016 giving rise to Sessions Trial No. 148 of 2017, registered for the offences punishable under Sections 302, 307, 427 and 120B of the Indian Penal Code and Section 27 of the Arms Act.
Earlier, the prayer for bail of the petitioner was
2/4 turned down vide order dated 25.07.2022 passed in Cr. Misc. No. 74015 of 2018, after taking into consideration that the petitioner is one of the main assailants causing death of the husband of the informant, apart from his criminal antecedents. However, while rejecting the prayer for bail of the petitioner, liberty was granted to him to renew his prayer for bail, if the trial is not concluded within three months from the date of the order.
Vide order dated 22.03.2023, a report was called for with regard to the present status of trail. The report has been received and it has been apprised that as of now, altogether seventeen prosecution witnesses have been examined and the case is fixed for hearing on a petition filed on behalf of the co-accused Munna Singh under Section 311 of the Cr.PC. read with Section 165 of the Evidence Act.
Mr. Giri, learned senior counsel for the informant, submitted that all the prosecution witnesses have been examined. He further submitted that while the petitioner was in custody, he has also been made accused in Beur P.S. Case No.529 of 2022 on 21.10.2022 for the offences under Sections 414, 384, 386 and 120B/34 of the I.P.C., Sections 8 and 20(b)(ii)
3/4 (C) of the N.D.P.S. Act and Section 52 of the Prisoners Act. He vehemently submitted that release of the petitioner would certainly hamper the trial, apart from the fact that the petitioner is carrying nine cases over his head.
While refuting the aforesaid contention, learned counsel for the petitioner submitted that the petitioner is facing incarceration since 2016, and moreover the co-accused having similar allegation has already been granted bail by the learned Co-ordinate Bench of this Court, the copy of which has also been brought on record and marked as Annexure-3. He further submitted that one of the co-accused, namely, Subodh Rai, has also been granted the privilege of bail by the learned court below itself and the order granting bail was also affirmed by the Hon'ble Apex Court in Special Leave to Appeal (Crl.) No. 9549 of 2018.
Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that all the prosecution witnesses have been examined and the trial is at the fag-end and, in fact, at the stage of defence evidence, this Court is not persuaded to enlarge the petitioner on bail, for the present. Accordingly, his prayer is rejected. This Court expects that the learned Trial Court
4/4 shall take all the necessary endeavours to conclude the trial expeditiously as early as possible.
(Harish Kumar, J) rohit/- U T