Raj Kishore Prasad @ Saheb Lal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35445 of 2024 Arising Out of PS. Case No.-214 Year-2022 Thana- KAKO District- Jehanabad ====================================================== Raj Kishore Prasad @ Saheb Lal S/o Ramanand Prasad R/o vill - Paigambarpur, P.S. - Kako, Distt. - Jehanabad ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar, Advocate For the Opposite Party/s :
Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 21-02-2025 Heard learned counsel appearing on behalf of the petitioner and Mr. Akbar Ali, learned A.P.P. for the State.
2. Petitioner seeks bail in connection with Kako P.S. Case No. 214 of 2022 registered for the offences under Sections 341, 323, 326, 307, 427, 504, 506/34 of the Indian Penal Code and section 302 of the I.P.C.
3. This is the second bail petition of petitioner purely on the ground of custody period and delayed trial.
4. It is submitted by learned counsel appearing on behalf of the petitioner that the bail prayer of petitioner on the first occasion, after considering the available merit, was rejected by this Court through Cr. Misc. No. 31030/2023 dated 24.07.2023. While submitting so, it is pointed out that
Patna High Court CR. MISC. No.35445 of 2024(15) dt.21-02-2025 2/3 this Court directed to the learned trial court as to conclude the trial within nine months by taking this matter on board on day to day basis, despite of same, the trial is yet to be concluded. It is submitted that petitioner is in custody since 08.12.2022.
5. Taking note of the aforesaid submission as advanced by learned counsel for the petitioner, a report was called for from the learned trial court regarding stage of trial, which made available to this Court through letter No. 236 dated 09.12.2024 as issued from the office of Superintendent of Police, Jehanabad, stating therein that out of 13 prosecution witnesses, 11 witnesses were already examined in this case. It also transpires from the report of Public Prosecutor, Jehanabad that on 12.12.2024 two remaining two witnesses namely, Chandeshwar Yadav and Sanni Kumar were also examined. Therefore, all 13 prosecution witnesses have been examined in this case.
6. Taking note of aforesaid facts as trial is at its fag end, the prayer of bail of petitioner on second consideration also stands rejected.
7. However, learned trial court is directed to
Patna High Court CR. MISC. No.35445 of 2024(15) dt.21-02-2025 3/3 conclude the trial preferably within two months from the date of receipt/communication of this order, subject to cooperation of petitioner.
(Chandra Shekhar Jha, J) Rajeev/- U T