Ram Sevak Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48546 of 2014 Arising out of PS.Case No. -16 Year- 2009 Thana -ALIPUR District- GAYA ====================================================== Ram Sevak Rai, S/o Radhey Rai, resident of Village Barsimha, P.S. Alipur, District Gaya.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Prabhash Ranjan Thakur, Advocate. For the Opposite Party : Mr. Arun Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-04-2015 Heard both sides.

Prayer for bail of the petitioner was twice rejected by this Court and the petitioner moved for the third time on the ground that the trial has not yet been concluded. Learned 2nd Additional Sessions Judge, Gaya, who is in seisin of Sessions Trial No. 210 of 2014, arising out of Alipur P.S. Case No. 16 of 2009, has reported that not a single witness has been examined till 12.12.2014.

The Senior Superintendent of Police, Gaya, reported that one witness was examined on 16.04.2015 and he has taken steps to ensure that the evidence of all the witnesses must be recorded within few months.

Considering the facts aforesaid, I am not inclined to

Patna High Court Cr.Misc. No.48546 of 2014 (5) dt.28-04-2015 2 / 2 enlarge the petitioner on bail. Accordingly, the same is rejected in Sessions Trial No. 210 of 2014, arising out of Alipur P.S. Case No. 16 of 2009.

The Trial Court is directed to expedite the trial within six months from the date of receipt of this order holding the trial on day to day basis. The Senior Superintendent of Police, Gaya, is directed to ensure the attendance of at least one of the witnesses on each and every date, so that the trial must be concluded within the stipulated period.

Let a copy of this order be sent to the learned 2nd Additional Sessions Judge, Gaya, as well as the Senior Superintendent of Police, Gaya, for information and needful. The learned 2nd Additional Sessions Judge, Gaya, is further directed that if on any date, the witness is not produced in the court, the same must be reported and information be sent to the Senior Superintendent of Police, Gaya. If he fails to produce the witness, the matter should be reported this Court. If the trial is not concluded within the stipulated period, the petitioner may renew his prayer for bail. U.K./- (Prabhat Kumar Jha, J) U T