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Patna High CourtCR. MISC./22893/2021bail rejected

Umesh Rai v. The State Of Bihar

2021-09-28Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22893 of 2021 Arising Out of PS. Case No.-336 Year-2019 Thana- DARIYAPUR District- Saran ====================================================== UMESH RAI Son of Baleshwar Rai Resident of Village - Barwe, P.S.- Dariyapur, Distt.- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Mohan Singh For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-09-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 341, 323, 376, 504, 506,34 of the Indian Penal Code, u/s 4/6 of POCSO Act and u/s 66(b) (c) of the I.T. Act.

Prayer for bail of this petitioner was earlier rejected by this court vide order dated 23.06.2020 passed in Cr. Misc. No. 78831/2019 with an observation that if the trial is not concluded within nine months, the petitioner may renew his prayer for bail.

By order dated 13.08.2021 a report was called for from the trial court about the stage of trial which reveals that five witnesses have already been examined and the record is pending for prosecution evidence.

Patna High Court CR. MISC. No.22893 of 2021(3) dt.28-09-2021 2/2 Regard being had to the nature of accusation and progress of the trial, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

Since the petitioner is in custody since 30.09.2019, the trial court is directed to conclude the trial as early as possible.

(Prabhat Kumar Singh, J) BKS/- U T