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Patna High CourtCR. MISC./24042/2022dismissed

Raushan Kumar Singh @ Raushan Kumar v. The State Of Bihar

2022-08-24Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24042 of 2022 Arising Out of PS. Case No.-138 Year-2018 Thana- GARDANIBAG District- Patna ====================================================== Raushan Kumar Singh @ Raushan Kumar Son Of Bharat Singh @ Bharat Kumar Singh R/O Village- Kaler, P.S.- Kaler Fatehabad, District- Arwal At Present Resident Of Village- Atwarpur, P.S.- Parsa Bazar, District- Patna ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ram Sumiran Rai, Advocate For the Opposite Party :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-08-2022 Heard learned counsel for the petitioner and the State. Four weeks' time is granted to the counsel for the petitioner to remove the defect(s) as pointed out by the office. The petitioner seeks bail in a case initially registered for the offence under Section-365 of the Indian Penal Code in which, later on, Section-302/34 of the Indian Penal Code was also added.

Earlier prayer for bail of the petitioner was rejected vide Annexure-1 to the present application taking into account that confession of the petitioner had led to the recovery of dead body of the deceased.

This is the second attempt for regular bail.

A report was called for from the trial court.

Patna High Court CR. MISC. No.24042 of 2022(3) dt.24-08-2022 2/2 It has been reported that out of five prosecution witnesses, two prosecution witnesses have already been examined and the trial is likely to be concluded within a period of six months.

Considering the nature of accusation and stage of the case, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Gardanibag P.S. Case No. 138 of 2018 is rejected. The trial court is directed to take all necessary steps to expedite the trial and conclude the same as early as possible, preferably within a period of six months from the date of receipt/production of copy of this order.

The District Magistrate and the Sr. Superintendent of Police, Patna are directed to produce the prosecution witnesses on the date fixed by the trial court so that the trial could be concluded within the stipulated period of six months. Let a copy of this order be communicated to the District Magistrate and the Sr. Superintendent of Police, Patna for needful.

(Sudhir Singh, J) A.K.V.//- U T