Tuntun Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31415 of 2020 Arising Out of PS. Case No.-138 Year-2018 Thana- MAHUA District- Vaishali ====================================================== Tuntun Rai, male, aged about 26 years, Son of Late Bhola Rai, Resident of Village - Suratpur, P.S. - Mahua, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vasant Vikas, Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 18-01-2021 Heard the counsel for the parties.

The petitioner seeks bail in connection with Sessions Trial No. 50 of 2019 arising out of Mahua P.S. Case No. 138 of 2018, dated 12.06.2018, instituted for the offences under Sections 399, 402, 414 and 34 of the Indian Penal Code and Sections 25(1-B)A, 26 and 35 of the Arms Act.

The prayer for bail of the petitioner was earlier

Patna High Court CR. MISC. No.31415 of 2020(3) dt.18-01-2021 2/3 twice rejected by this Court.

On 03.12.2020, a report had been called for from the Court below about the stage of the case, which report has since been received.

The report indicates that out of eight witnesses, only two have been examined up-till-now. The processes have been issued for compelling the attendance of the other witnesses. The next date fixed in the case was 16.12.2020.

The prevalence of COVID-19 pandemic cannot be used to the disadvantage of the accused persons including the petitioner, who is in custody since 13.06.2018. However, looking at the fact that the prayer for bail of the petitioner was earlier twice rejected, I am not inclined to grant bail to him for the present. The prayer for grant of regular bail of the petitioner is, accordingly, rejected.

In case, the trial is not finally concluded within a period of six months from the date of receipt/production of a copy of this order, the petitioner shall be at liberty to

Patna High Court CR. MISC. No.31415 of 2020(3) dt.18-01-2021 3/3 approach the Trial Court for grant of bail and in that event, the Trial Court would be required to state the reasons for non-conclusion of the trial within the aforesaid period. The application stands disposed off accordingly. (Ashutosh Kumar, J) Praveen-II/- U T