Patna High CourtCR. MISC./29130/2020dismissed

Mohan Baitha v. The State Of Bihar

2021-02-03Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29130 of 2020 Arising Out of PS. Case No.-18 Year-2019 Thana- RAMNAGAR District- West Champaran ====================================================== MOHAN BAITHA Son of Late Bhikhan Baitha Resident of Village-Hardiya, P.S.-Ram Nagar, District-West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prithvi Nath Mishra For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-02-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case for the offence registered under Sections 341, 302, 323, 307, 504, 506 and 34 of the Indian Penal Code.

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 as per the FIR. The informant happens to be eye witness of the alleged occurrence. A report was called for from the trial court. It has been reported that out of 11 prosecution witnesses, two prosecution witnesses have already been examined.

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.29130 of 2020(3) dt.03-02-2021 2/2 Considering the nature of allegation and the stage of the case, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Ram Nagar P.S. Case No. 18 of 2019 is rejected. Learned trial court is directed to take all necessary steps to take all possible 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, Bettiah, West Champaran and the Superintendent of Police, Bagaha 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, Bettiah, West Champaran and the Superintendent of Police, Bagaha for needful. (Sudhir Singh, J) A.K.V.//- U T