Patna High CourtCR. MISC./35582/2021rejected

Baldau Singh Patel @ Chhotu Singh Patel @ Cchotu Singh @ Chhotu @ Baldau Singh v. The State Of Bihar

2021-08-25Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35582 of 2021 Arising Out of PS. Case No.-73 Year-2019 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== BALDAU SINGH PATEL @ CHHOTU SINGH PATEL @ CCHOTU SINGH @ CHHOTU @ BALDAU SINGH S/O SRI SATYENDRA SINGH R/o village- Sikathi, P.S.- Bhabhua, District- Kaimur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Udbhav, Adv.

For the Opposite Party/s :

Mr.A.P.P.

For the Informant :

Mr.Abhishek, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 25-08-2021 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Bhabhua Case No. 73 of 2019 for the offence under Section 363 and 364A of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that earlier the prayer for bail of this petitioner had been rejected by this Court vide order dated 11.09.2019 passed in Cr. Misc. No. 36860 of 2019. The petitioner is rotting in judicial custody since 02.03.2019 i.e. more than two years and there is no substantial progress in the trial. A report was called for regarding the stage of the trial and the same has been received from the court below

Patna High Court CR. MISC. No.35582 of 2021(4) dt.25-08-2021 2/2 which indicates that five more witnesses named in the charge-sheet are yet to be examined.

Learned A.P.P. for the State has opposed the prayer for bail and submitted that earlier the prayer for bail of this petitioner has been rejected on merits and now no fresh ground is made out for reconsideration of the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of this petitioner is rejected. However, the learned court below is directed to expedite the trial of the case and conclude it preferably within a period of six months on day to day basis from the date of receipt/production of this order.

(Arvind Srivastava, J) brajesh/- U T