Akhilesh Modi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 24977 of 2022 Arising Out of PS. Case No.-317 Year-2020 Thana- GOPALPUR District- Bhagalpur ====================================================== Akhilesh Modi Son Of Late Hari Modi R/O Village- Goriyari @ Gorhiyari, P.S.- Gopalpur, District- Bhagalpur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Raghwendra Pratap Singh, Advocate For the Opposite Party :

Mr. B.N. Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 02-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

This is the second attempt of the petitioner to obtain regular bail in connection with Sessions Trial No. 265 of 2021 arising out of Gopalpur P.S. Case No. 317 of 2020 dated 31.08.2020 for offences under Sections 307, 504, 506, 34 of the Indian Penal Code and Section 27 of the Arms Act. Earlier, the prayer for bail of the petitioner was rejected vide order dated 05.08.2021 passed in Cr. Misc. No. 21055 of 2021.

Vide earlier order dated 28.09.2022, this Court had called for a report from the learned court below which has been received. Having regard to the report received from the learned trial court showing that three witnesses have already been exam-

Patna High Court CR. MISC. No. 24977 of 2022(3) dt.02-11-2022 2/2 ined in course of trial and thereafter bailable and non-bailable warrants of arrest have been issued to procure the attendance of other witnesses, considering the gravity of the offence and the reasons already available in the order dated 05.08.2021 passed in Cr. Misc. No. 21055 of 2021, this Court finds no reason to grant any indulgence to the petitioner at this stage. Let the trial be expedited. The S.H.O., Gopalpur Police Station and S.P. Naugachia are directed to co-operate through the Additional P.P. by producing all the prosecution witnesses on the date fixed in the matter otherwise any unreasonable delay will be treated as the failure of the prosecution.

Let the trial court keep the records of the case on day-today basis and all efforts be made to conclude the trial as early as possible, preferably within a period of six months from the date of communication of this order. If the trial still remains unconcluded for no fault on the part of the petitioner, he may renew his prayer for bail. Learned counsel for the petitioner is permitted to remove the defects whereafter only the certified copy of this order shall be made available.

A copy of this order be sent to S.P. Naugachia. This application stands dismissed.

(Rajeev Ranjan Prasad, J) lekhi/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.