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Patna High CourtCR. MISC./41373/2024bail rejected

Om Prakash @ Upendra v. The State Of Bihar

2024-08-28Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41373 of 2024 Arising Out of PS. Case No.-194 Year-2021 Thana- TAJPUR District- Samastipur ====================================================== Om Prakash @ Upendra son of Jagarnath Singh Resident of VillageSahdullapur, Ward no. 6, P.S.- Sakra, Dist.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surya Roy, Adv.

For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Tajpur P.S. Case No. 194 of 2021 dated 19.05.2021, lodged under Sections 395, 412 and 120B of the I.P.C.

3. Learned counsel for the petitioner submits that the bail application of the petitioner has earlier been rejected vide order dated 05.09.2022 passed in Cr. Misc. No. 21856 of 2022 in which the Trial Court was directed to expedite the trial at the earliest preferably within one year after framing of charge but no progress has been made in the trial. He submits that the progress report has been called for in this case.

4. Learned counsel for the State opposes the prayer for bail and submits that the Trial Court has taken all steps to conclude the trial but no witness has been turned up.

Patna High Court CR. MISC. No.41373 of 2024(3) dt.28-08-2024 2/2

5. It transpires to this Court that the present case is pending before the In-Charge, Sessions Judge, Samastipur.

6. It is directed to the Sessions Court, Samastipur that the case be directed to be transferred before the regular Sessions Court, who is directed to expedite and conclude the trial within six months.

7. With this observation, the bail application stands rejected.

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