Jai Prakash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23513 of 2020 Arising Out of PS. Case No.-101 Year-2009 Thana- BHANGWANPUR HAT District- Siwan ====================================================== JAI PRAKASH SINGH Son of Jamuna Singh Resident of Village - Dhorpur, P.S.- Bhagwanpur, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prashant Kumar For the Opposite Party/s :

Mr.Sanjay Kr. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Bhagwanpur P.S. case No.101 of 2009 (Sessions Trial No.418 of 2019) registered under Sections 341, 324, 307/34 of the Indian Penal Code, pending in the court of A.D.J. VII, Siwan. Later on, Section 302 of I.P.C. has been added. The earlier bail application of the petitioner was rejected

Patna High Court CR. MISC. No.23513 of 2020(3) dt.07-12-2020 2/2 vide Annexure 1 series to the present application. The petitioner is in custody since 05.07.2017. The petitioner is said to be one of the assailants, who is alleged to have assaulted the deceased. A report was called for from the trial court. It has been reported that out of nine prosecution witnesses, four prosecution witnesses have already been examined and the trial is likely to be concluded within nine months.

Considering the nature of accusation and the stage of the case, I am not inclined to grant bail to the petitioner. The same is rejected.

The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of nine months from the date of receipt/production of a copy of this order. The District Magistrate, Siwan and the Superintendent of Police, Siwan are also directed to take necessary steps to produce the witnesses on the date fixed by the Trial Court so that the trial could be concluded within the stipulated period.

Let this order be communicated to the District Magistrate, Siwan and the Superintendent of Police, Siwan. (Sudhir Singh, J) Narendra/- U T