Birendra Rajak @ Virendra Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46356 of 2018 Arising Out of PS.Case No. -39 Year- 2017 Thana -ALIPUR District- GAYA ======================================================

1. Birendra Rajak @ Virendra Rajak S/o Late Ghanshyam Rajak, R/o Vill.- Chaita, P.S.- Alipur, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Kumar For the Opposite Party/s : Mr. Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-09-2018 Heard the parties.

Petitioner seeks bail in Sessions Trial No.42 / 2017 /456 / 2017 arising out of Alipur P.S.Case No.39 of 2017 registered for the offences under Sections 147, 148, 149, 307, and 302 of the I.P.C.

Allegation against the petitioner is general and and omnibus and allegation of assault to the deceased was on the other accused persons.

Submission of the learned counsel for the petitioner is that there is no specific allegation of assault against him. He is in custody since 9.5.2018.

Heard learned A.P.P. also who has not controverted the fact. However, petitioner was absconding and, as such, case of the

Patna High Court Cr.Misc. No.46356 of 2018 (2) dt.13-09-2018 2/2 other accused persons have been bifurcated.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner at this stage. However, learned trial court is directed to expedite the trial and conclude it within a period of six months. If it is not concluded within the stipulated period and the petitioner has no latches on his part, then the trial court shall release him on bail to his own satisfaction.

This application is disposed of.

(Vinod Kumar Sinha, J) AnilKrSinha/- U