Vimal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17001 of 2022 Arising Out of PS. Case No.-68 Year-2003 Thana- DURAULI District- Siwan ====================================================== Vimal Rai, S/o Ram Sarikhan Rai R/o village- Amarpur, P.S.- Darauli, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Dwivedi For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-07-2022 Heard learned counsel for the parties.

Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The petitioner is in judicial custody in connection with Sessions Trial No.246 of 2020 arising out of Darauli P.S. Case No.68 of 2003 instituted under Section 307/120(B) of the Indian Penal Code and Section 27 of Arms Act. Prosecution story in short is that the informant alleged that his younger sister was sitting on the terrace of the house when this petitioner entered his house and opened fire on his sister causing injury on his jaws. He further alleged that a month ago his maternal son was also kidnapped in which apprehended accused Hannan Anshari had confessed the involvement of this petitioner along with Jai Prakash Rai. The petitioner herein did not wanted the lady to depose in the said case and that led to the

Patna High Court CR. MISC. No.17001 of 2022(2) dt.18-07-2022 2/2 present occurrence.

Taking into account that the FIR was lodged in 2003 and the petitioner came into judicial net only on 13.11.2020 (as stated in para-5 of the bail application), this Court is not inclined to grant him privilege of bail. Prayer is accordingly rejected. In view of the fact that the matter is of 2003 and the Trial commenced in 2020, the Trial court is directed to expedite the Trial and conclude the same preferably within a period of one year.

(Rajiv Roy, J) Prakash Narayan /- U T