Baijnath Purvey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26974 of 2021 Arising Out of PS. Case No.-663 Year-2018 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== BAIJNATH PURVEY, Son of Ram Chandra Purvey, Resident of Village - Madhaul Sane, P.S. - Runnisaidpur, District - Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 52300 of 2021 Arising Out of PS. Case No.-663 Year-2018 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== AMARNATH KUMAR @ CHUNNU SINGH, S/o SHYAM SINGH, R/o VILLAGE - MADHAUL SANI, P.S - RUNNISAIDPUR, DISSTRICT - SITAMARHI.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 26974 of 2021) For the Petitioner/s :

Sri P.K. Shahi, Sr. Advocate Mr. Hans Lal Kumar, Advocate For the Opposite Party/s :

Mr. A.P.P.

(In CRIMINAL MISCELLANEOUS No. 52300 of 2021) For the Petitioner/s :

Mr. Ganesh Prasad Singh, Advocate For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-10-2021 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in a case registered for the offences punishable under Sections 302, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

In the past, prayer for bail was refused to the petitioners as the petitioners were allegedly assailants of two deceased. Prayer has been renewed on the ground of detention of the petitioners since 04.11.2018 and non-conclusion of the trial.

Patna High Court CR. MISC. No.26974 of 2021(5) dt.27-10-2021 2/2 The report of the learned Trial Judge dated 04.10.2021 would reveal that the trial is at the verge of conclusion as two official witnesses i.e. the Investigating Officer and the Doctor are to be examined.

Learned Trial Judge is directed to conclude the trial of the case within three months of the receipt of a copy of this order provided the accused persons fully cooperate thereat. The Superintendent of Police, Sitamarhi is directed to ensure production of witnesses in Sessions Trial No. 419 of 2019 pending before the Court of learned Additional Sessions Judge-VIII, Sitamarhi arising out of Runnisaidpur P.S. Case No. 663 of 2018. With the aforesaid observation, prayer for bail is refused for the present.

If the trial is not concluded within the aforesaid period, the Superintendent of Police, Sitamarhi shall ensure explanation for nonproduction of the remaining and official witnesses and the petitioners would be at liberty to renew their prayer before the learned court below itself.

(Birendra Kumar, J) Kundan/- U T