Rama Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31444 of 2021 Arising Out of PS. Case No.-250 Year-2017 Thana- SIKARPUR District- West Champaran ====================================================== Rama Yadav Son of Sri Ramlal Yadav Resident of Village - Kharkatwa Murli, P.S.- Shikarpur, Distt.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Pramod Kumar Pandey,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

04-10-2021 Heard learned counsel for the parties.

Earlier, the bail petition of petitioner was rejected, vide order dated 28.05.2020 passed in Cr.Misc. No. 62340 of 2019 with following observation:

"..if the trial of the petitioner is not concluded within nine months from the date of receipt/production of a copy of this order, petitioner may renew his prayer for bail."

On last occasion, vide order dated 24.08.2021, a report with regard to stage of the trial was called for, which has been received and kept at flag 'R'. Trial Court report reveals that after framing of charges on 21.05.2018, summons have already been issued for production of witnesses, but till date, out of nine chargesheeted witnesses, no witness has been examined by the prosecution.

Patna High Court CR. MISC. No.31444 of 2021(3) dt.04-10-2021 2/2 It is submitted on behalf of petitioner that trial is not progressing smoothly and petitioner is languishing in jail since 11.10.2017.

Considering the nature of accusation and progress of the trial, the bail petition of petitioner is rejected with an observation that if the trial is not concluded within a period of nine months from today, the petitioner is at liberty to renew his prayer for bail.

(Prabhat Kumar Singh, J.) anay U T