Ratan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30505 of 2016 Arising Out of PS.Case No. -150 Year- 2014 Thana -KASIMBAZAR District- MUNGER ====================================================== Ratan Sah Son of Vijoy Sah Resident of Village- Hardiabad , Police Station Mufassil, District Munger.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjiv Kumar Singh, Advocate For the Opposite Party : Mr. Sri Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody in connection with Sessions Trial No.52 of 2015 arising out of Kasim Bazar P.S.Case No.150 of 2014 pending in the Court of Additional Sessions Judge-V, Munger registered for an offence under Sections 364, 120(B), 379/34, 302 and 201 of the IPC.

As per the prosecution case, it is a case of ghastly murder of two persons.

This is the second attempt for bail on behalf of the petitioner. The earlier bail application of the petitioner was rejected vide Cr.Misc.No.14602 of 2015.

Learned counsel for the petitioner submits that the

petitioner is in custody since 09.09.2014. Charge-sheet has been submitted in the case. There is no allegation of tampering of witnesses alleged against the petitioner. Petitioner has got no criminal antecedent.

In Cr.Misc.No.11719 of 2016, a report was called for from the trial Court regarding the stage of the case, the same is kept at flag-'A' in Cr.Misc.No.11719 of 2016. It has been reported that all the prosecution witnesses have been examined but the prosecution evidence has not yet been closed as the FSL report called for by the trial Court from the Director, Forensic Science Laboratory, Patna has not yet been received.

The Director, Forensic Science Laboratory, Patna is directed to ensure that the Forensic Science Laboratory report be sent to the trial Court within a period of fifteen days from the date of receipt/production of a copy of this order. On behalf of the State, it is submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner at this belated stage where the trial is at a concluding stage, the same is rejected. The court below is directed to conclude the trial within a period of three months from the date of receipt/production of a

copy of this order.

Let a copy of this order be communicated to the Director, Forensic Science Laboratory, Patna so that necessary steps could be taken in the light of the direction/observations made therein.

(Sudhir Singh, J) B.Kr./- U T