Krishna Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.27675 of 2021 Arising Out of PS. Case No.-149 Year-2019 Thana- CHARPOKHARI District- Bhojpur ====================================================== KRISHNA RAI S/o Late Ghughul Rai R/o village- Koil, P.S.- Chapokhari, District- Bhojpur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Nagadeo Choubey,Advocate For the Opposite Party/s :

Mr.Shailendra Kumar Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 01-09-2021 Learned counsel for the petitioner undertakes to remove all the defects pointed out by the Stamp Reporter within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Shailendra Kumar Singh, learned APP for the State. This is the second attempt of the petitioner to obtain regular bail in connection with Charpokhari P.S. Case No. 149 of 2019 registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the trial in this case is going on. In course of trial, some of the prosecution witnesses have deposed. It is further submitted that the co-accused Tilakdhari Rai against whom there is an allegation of assault by rami has been granted bail by a learned Co-ordinate Bench of this Court vide order dated 06.01.2021

Patna High Court CR. MISC. No.27675 of 2021(4) dt.01-09-2021 2/2 passed in Cri. Misc. No. 29823 of 2020.

On the other hand, learned APP for the State submits that in this case the four witnesses have already deposed and as per the trial court's report the trial is likely to be concluded within five months, thus at this stage release of the petitioner on bail may delay the conclusion of trial.

Considering the facts and circumstances of the case and the trial court's report stating that the trial is likely to be concluded within five months, this Court is not inclined to release the petitioner on bail at this stage. The prayer for regular bail of the petitioner is, thus, refused.

The learned trial court shall proceed with the trial on day-to-day basis and as stated in its report shall take all endeavours to conclude the trial within a period of five months. If the trial is not concluded within the said period for no reason attributable to the petitioner, he may renew his prayer for bail.

This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) SUSHMA2/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.