Patna High CourtCR. MISC./32008/2024bail rejected

Santosh Kumar Durbey @ Santosh Durbey v. The State Of Bihar

2024-07-19Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32008 of 2024 Arising Out of PS. Case No.-134 Year-2018 Thana- KATORIYA District- Banka ====================================================== Santosh Kumar Durbey @ Santosh Durbey Son of Arun Durbey @ Anu Durbey Resident of village - Durbey Patti, P.S.- Katoria, District - Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandan Prasad, Advocate For the Opposite Party/s :

Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Katoria P.S. Case No. 134 of 2018 (corresponding to S.T. No. 356/2022), lodged on 01.08.2018 under Sections 328, 304/34 of the Indian Penal Code, pending before the learned Additional District Judge-IV, Banka.

3. The prayer for bail of the petitioner has earlier been rejected vide order dated 03.11.2022 passed in Criminal Miscellaneous No. 23941 of 2022 with a direction to the trial Court to conclude the trial within 9 months after the date of framing of charge.

4. Learned counsel for the petitioner submits that on earlier occasion, a report with regard to the present stage of the

Patna High Court CR. MISC. No.32008 of 2024(3) dt.19-07-2024 2/2 trial has been called for.

5. Learned counsel for the State opposes the prayer for bail.

6. In pursuant to the order dated 28.05.2024, a report has been received through letter no. 14, dated 13.06.2024 from the Additional District and Sessions Judge-VIII, Banka indicating therein that the trial of this case is likely to be concluded within nine months.

7. In the present facts and circumstances while rejecting the prayer for bail of the petitioner, the trial Court is directed to conclude the trial of this case within eight months. It is made clear that if the trial shall not be concluded within eight months, the petitioner would be at liberty to renew his prayer for bail.

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