Sethi Singh @ Rupak Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30710 of 2019 Arising Out of PS. Case No.-206 Year-2015 Thana- BARHIYA District- Lakhisarai ====================================================== SETHI SINGH @ RUPAK SINGH Son of Vijay Shankar Singh @ Vijay Shankar @ Shankar Singh Resident of Village - Jaitpur, P.S.- Barahaiya, Dist.- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 302/34 of the Indian Penal Code and 27 of the Arms Act. Earlier prayer for bail of the petitioner was rejected vide Annexure-1 to the present application taking into account that the petitioner is the assailant. This is the fourth attempt of the petitioner for grant of bail.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 22-01-2016. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Patna High Court CR. MISC. No.30710 of 2019(6) dt.19-02-2020 2/3 A report was called for from the court below which has been received. From perusal of the report, it appears that out of 18 charge sheeted witnesses, two witnesses have already been examined.

Counsel for the informant is also present. It has been submitted by counsel for the informant that he undertakes that if, short adjournments are given in the case, he will produce the prosecution witnesses on each and every date fixed in the case. Considering the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Sessions Trial No. 81 of 2018 arising out of Barahiya P.S. Case No. 206 of 2015 is rejected.

Learned trial court is directed to give short adjournments in the case. It is further directed to expedite the trial and conclude the same preferably, within a period of six months from the date of receipt/production of copy of this order. The District Magistrate and the Superintendent of Police, Lakhisarai are directed to ensure the production of prosecution witnesses on the date fixed by the trial court, so that trial could be concluded within the stipulated period of six months.

Patna High Court CR. MISC. No.30710 of 2019(6) dt.19-02-2020 3/3 Let a copy of the order be communicated to the District Magistrate and the Superintendent of Police, Lakhisarai for needful.

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