Patna High CourtCR. MISC./27968/2017rejected

Tunu Kumar Ram @ Tunu Ram @ Tunnu Ram @ Tunnu Kumar Ram @ Tunu Kumar @ Tunna Ram v. The State Of Bihar

2017-07-19Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27968 of 2017 Arising Out of PS.Case No. -829 Year- 2004 Thana -PHULWARI District- PATNA ====================================================== Tunu Kumar Ram @ Tunu Ram @ Tunnu Ram @ Tunnu Kumar Ram @ Tunu Kumar @ Tunna Ram, S/o Dina Nath Ram @ Jhameli Ram, Resident of Village- Biranchak, P.S. Janipur, District- Patna. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Nagmani Kumar For the Opposite Party/s : Mr. Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Phulwari (Janipur) P.S. Case No. 829 of 2004, registered under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act, pending in the Court of Addl. Sessions Judge-IV, Patna. Admittedly, the prayer for bail of the petitioner has been refused twice by this Court on 16.12.2015 in Criminal Miscellaneous No. 51788 of 2015 taking into consideration that there is direct allegation against the petitioner, who shot fire at the deceased, who died on the spot.

Learned counsel appearing on behalf of the petitioner submits that petitioner is in custody since 22.07.2012.

Patna High Court Cr.Misc. No.27968 of 2017 (4) dt.19-07-2017 2/2 A report has been received vide letter No. 136 of 2017, dated 12.07.2017 from the Court of Spl. Judge, N.I.A.- cum-ADJ-IV, Patna, which shows that out of 13 witnesses, two witnesses have been examined in this case and he expected that the trial may be concluded within six months, provided the prosecution and the defence co-operate the court. Having considered the facts and circumstances of the case, I am not inclined to reconsider the bail prayer of the petitioner. Accordingly, the prayer of the petitioner for grant of bail is again rejected. However, the learned Court below is directed to take all effective stapes to conclude the trial of the petitioner within one year.

Let a copy be sent to S.S.P. Patna to give necessary direction to concerned officer for production of the prosecution witnesses in trial Court, so that the trial of the petitioner may be concluded within the aforesaid period.

(Rajendra Kumar Mishra, J) manish/- U T