Patna High CourtCR. MISC./22074/2024dismissed

Ram Jeevan Singh @ Sudershan Singh v. The State Of Bihar

2024-05-10Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22074 of 2024 Arising Out of PS. Case No.-59 Year-2005 Thana- KHIJARSARAI District- Gaya ====================================================== Ram Jeevan Singh @ Sudershan Singh Son Of Not Known R/O-Siswar, P.S.- Khizersarai, Distt.-Gaya, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sameer Sawarn, Advocate For the Opposite Party/s :

Mr. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-05-2024 Heard the learned Advocate for parties.

2. The petitioner seeks bail, who is in custody in connection with Khizersarai P.S. Case No. 59 of 2005, registered for the offences punishable under Sections 147, 148, 149, 302, 307, 324 of the Indian Penal Code and Section 27 of the Arms Act, 1959 and 17 of C.L. A. Act.

3. The prayer for bail of the petitioner was earlier rejected vide order dated 22.12.2022.

4. The petitioner had not surrendered to the process of law and, therefore, his trial had to be separated.

5. Nonetheless, he is in custody since 04.02.2021.

Patna High Court CR. MISC. No.22074 of 2024(3) dt.10-05-2024 2/2

6. This Court had asked for a report from the Court below about the stage of the case. The report kept at flag 'A' indicates that out of eleven charge-sheet witnesses, only two have been examined and rest nine are yet to be examined. The Trial Court has taken steps for production of rest of the prosecution witnesses.

7. Considering the nature of accusation and the delay of the petitioner in surrendering before the Court below, the prayer for bail is rejected, presently.

8. However, the Trial Court is directed to conclude the Trial positively within a period of nine months, falling which the petitioner shall have the liberty to approach this Court again for grant of bail but only after making a prayer for bail before the Trial Court. In that event, the trial Court shall record the reasons for the delay in disposal of Trial.

(Ashutosh Kumar, J) manoj/- U T