Patna High CourtCR. MISC./35744/2016rejected

Ravi Rai v. The State Of Bihar

2016-08-20The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35744 of 2016 Arising Out of Kotwali PS.Case No. -266 of 2009 Thana - KOTWALI District- PATNA ======================================================

1. Ravi Rai Son of Moti Rai resident of Dakshni Mandiri, P.S.- Budha Colony, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ghanshyam Tiwary For the Opposite Party/s : Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 20-08-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Ravi Rai, in connection with Kotwali Police Station Case No. 266 of 2009, under Sections 302/120B of the Indian Penal Code and 27 of the Arms Act, 1959. Perused the above application and materials on record. Also perused the relevant case diary. Heard Mr. Ghanshyam Tiwary, learned Counsel for the petitioners, and Mr. S.N.Singh, learned Additional Public Prosecutor, appearing on behalf of the State. Considering the fact that the petitioner has been in custody since 18.07.2009, and during the trial, six witnesses have

Patna High Court Cr.Misc. No.35744 of 2016 (2) dt.20-08-2016 been examined, the doctor, who has conducted post mortem examination, is required to be examined as a witness, the accused above-named cannot, at this stage, be allowed to go on bail. In view of the above and in the interest of justice, the prayer for bail is hereby rejected at this stage. While rejecting prayer for bail, learned Additional Sessions Judge-II, Patna, is hereby directed to expedite the trial of Sessions Trial No. 67 of 2010, arising out of Kotwali P.S. Case No. 266 of 2009, and dispose of the same, in accordance with law, preferably within a period of three months.

This bail application shall stand disposed of accordingly.

(I.A. Ansari,CJ) A.I./- U