Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29833 of 2023 Arising Out of PS. Case No.-814 Year-2021 Thana- KAHALGAON District- Bhagalpur ====================================================== NIRAJ KUMAR son of chhatish Sah R/o- Naya Nagar, Gangaldai PsKahalgaon Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar, Advocate For the Opposite Party/s :

Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-06-2023 The present petition is by way of second attempt at the behest of the petitioner for grant of bail in connection with S.T. No. 678 of 2022 arising out of Kahalgaon P.S. Case No. 814 of 2021 registered under Sections 307 and 302/34 of the Indian Penal Code and Section 27 of the Arms Act inasmuch as the earlier prayer of the petitioner for grant of bail was rejected by this Court vide order dated 09.01.2023 passed in Criminal Misc. No. 45457 of 2022.

The learned counsel for the petitioner has submitted that three witnesses out of total number of six chargesheeted witnesses have already been examined and they have turned hostile and only three witnesses are yet to be examined, hence the

Patna High Court CR. MISC. No.29833 of 2023(2) dt.21-06-2023 2/2 trial be expedited and in case the trial is not concluded at an early date, the petitioner be granted liberty to approach this Court for renewing his prayer for bail inasmuch as he is languishing in custody since 18.01.2022.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the learned trial court to conclude the pending trial within a period of nine months from today without any default.

It is needless to state that in case trial is not concluded within a period of nine months from today, the petitioner shall be at liberty to renew his prayer for bail before the learned trial court. The petition stands disposed off as not pressed on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U T