Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18677 of 2023 Arising Out of PS. Case No.-96 Year-2021 Thana- BADHAILA District- Rohtas ====================================================== Rajesh Kumar Shiv Narayan Mahto @ Shiv Narayan Singh VillageSiyanwak Ps- Baghaila Dist- Rohtas At Sasaram ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sada Nand Roy, Adv.

For the Opposite Party/s :

Mr. Kalyan Shankar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-04-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Baghaila P.S. Case No. 96 of 2021 lodged under Sections 147, 148, 149, 341, 342, 504, 506, 302, 120(B) of the I.P.C. and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that vide order dated 23.11.2022 passed in Cr. Misc. No. 40900 of 2022 by this Court, the bail application of the petitioner was rejected with the direction to expedite the trial and liberty was granted to the petitioner that if trial not concluded then he me renew his prayer for bail after 3 months.

Patna High Court CR. MISC. No.18677 of 2023(3) dt.19-04-2023 2/2 Counsel for the petitioner submits that progress report has been called for on the previous date.

From record it transpires that the trial has not been concluded but all the witnesses, except the doctor, have been examined.

In the light of observation made that if within 3 months, trial shall not be concluded, petitioner may renew his prayer for bail, the Counsel for the petitioner submits that a sympathetic view may be taken and bail may be granted. Learned counsel for the State opposes the prayer for bail. He submits that only one witness is there and this case is related to murder.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner.

Trial Court is directed to close the case within 3 months from today.

With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) Ashishsingh/- U T