Munna Kumar @ Munna Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37317 of 2021 Arising Out of PS. Case No.-444 Year-2018 Thana- GARKHA District- Saran ====================================================== MUNNA KUMAR @ MUNNA RAI S/O SHRI KAMESHWAR RAI @ KAMESHWAR RAY R/o village- Ramarha, P.S.- Awatar Nagar, DistrictSaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-12-2021 Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner seeks bail in Sessions Trial No. 144of 2019 arising out of Garkha P.S. Case No. 444 of 2018 registered under Sections 302/201, 363 and 34 of the Indian Penal Code and 27 of the Arms Act.

Earlier prayer for bail of the petitioner was rejected taking into account that confession of the petitioner led to recovery of arms used in the occurrence.

A report was called for from the trial court. It has been reported that out of 10 prosecution witnesses,

Patna High Court CR. MISC. No.37317 of 2021(3) dt.01-12-2021 2/2 three prosecution witnesses have already been examined and the trial is likely to be concluded within a period of nine months. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the nature of accusation and the stage of the case, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner is rejected. Learned trial court is directed to take all necessary steps to conclude the trial of the petitioner preferably within a period of nine months from the date of receipt/production of copy of this order.

The District Magistrate and the Superintendent of Police, Saran at Chapra are directed to ensure the production of witnesses on the date fixed by the trial court so that the trial could be concluded within the stipulated period of nine months. Let a copy of this order be communicated to the District Magistrate and the Superintendent of Police, Saran at Chapra for needful.

(Sudhir Singh, J) A.K.V.//- U T