Ranjeet Singh @ Ranjeet Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12531 of 2019 Arising Out of PS. Case No.-52 Year-2007 Thana- TEGHRHA District- Begusarai ====================================================== Ranjeet Singh @ Ranjeet Kumar Singh, Son of Late Yadunandan Singh, Resident of Village - Madhurapur, Purwari Tola, P.S.- Teghra, Distt - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Shanker Prasad, Advocate For the Opposite Party/s :

Mr.Nand Kishore Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 21-05-2019 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 302,34,120(B) of the Indian Penal Code and Section 27 of the Arms Act.

Taking note of this fact that the petitioner happens to be main assailant, I am not inclined to release the petitioner on bail. Accordingly, his prayer for bail in connection with Teghra P.S. Case No. 52 of 2007, stands rejected.

The trial court has reported that Teghra P.S. Case No. 52 of 2007 was committed to the court of Sessions on 14.03.2019 and in the court of Sessions, the aforesaid case was numbered as Sessions Trial No. 186 of 2009. Furthermore, the trial court has reported that to procure the attendance of two co-

Patna High Court CR. MISC. No.12531 of 2019(3) dt.21-05-2019 2/3 accused, the process has been issued. The report of trial court reflects that up-till now the charge could not be framed against the petitioner, especially, in the circumstance when the petitioner is in judicial custody since 28.06.2011. Therefore, the aforesaid fact goes to show the apathy of concerned magistrate who failed to commit the case of petitioner to the court of Sessions in time.

Moreover, the learned Additional Sessions Judge-13 is directed to expedite the trial of the petitioner even by seperating his case from the case of other accused persons who are still absconder and conclude the same as early as possible preferably within nine months.

It is made clear that if the learned Additional Sessions Judge-13, thinks proper, he may take up the trial of the petitioner on day to day basis.

It is also made clear that if the learned trial court fails to conclude the trial of the petitioner within the above stated period of nine months without any fault of the petitioner, the petitioner may renew his prayer for bail before the learned trial court itself.

(Hemant Kumar Srivastava, J) khushbu/- U T

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