Yogendra Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27376 of 2022 Arising Out of PS. Case No.-117 Year-2009 Thana- SONEPUR District- Saran ====================================================== Yogendra Sahni S/o Ram Balak Sahni R/o village- Mina Bazar, P.S.- Sonepur, District- Saran ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Awadhesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Umesh Lal Verma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-09-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sonepur P.S. Case No. 117 of 2009 Sessions Trial No. 590 of 2009, lodged under Sections 341, 323, 326, 307, 427/34 of the Indian Penal Code.

This petitioner was earlier granted bail in this case but due to misuse, his bail bond was cancelled. From the order passed by the Additional District and Sessions Judge-VII, Saran at Chapra it transpires that his bail bond was cancelled thrice and due to cancelling of the bail bond, the trial of the petitioner has badly affected.

Patna High Court CR. MISC. No.27376 of 2022(2) dt.13-09-2022 2/3 In this background, I am not inclined to grant bail to the petitioner at present. Learned Court below is directed to conclude the trial of petitioner within 3 months from the date of communication of the order.

Speedy trial is the constitutional vision of justice. From the record of this case, it transpires that there are 4 criminal cases pending against the present petitioner and all belongs to same Police Station and same territorial division of District and Sessions Judge, Saran at Chapra, the details of those cases are as follows:- (1) Sonepur P.S. Case No. 839 of 2019, under Section 341, 323, 379, 504, 506/34 of I.P.C. (2) Sonepur P.S. Case No. 811 of 2020, under Section 341, 504, 324, 354(B)/34 of I.P.C. (3) Sonepur P.S. Case No. 783 of 2020, under Section 341, 307, 324, 427/34 of I.P.C. (4) Sonepur P.S. Case No. 117 of 2009, under Section 341, 323, 326, 307, 427/34 of I.P.C.

Let the District and Sessions Judge, Saran at Chapra is directed to do the needful so that all cases which are magisterial triable or session triable prior to commitment shall run before the same Magistrate with one date and all cases which are session triable after commitment shall run before same Sessions Court with one date.

Patna High Court CR. MISC. No.27376 of 2022(2) dt.13-09-2022 3/3 Let a copy of this order is communicated to District and Sessions Judge, Saran at Chapra for information and necessary compliance.

With these observations, the bail application stands rejected.

(Dr. Anshuman, J.) ritik/- U T