Arjun Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44096 of 2021 Arising Out of PS. Case No.-48 Year-2016 Thana- MAKER District- Saran ====================================================== ARJUN THAKUR, Male, aged about 27 years, Son of Tarkeshwer Thakur, Resident of Village- Chainpur Fulwariya, P.S. - Maker, District - Chapra, Saran.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Ravi Bhardwaj, Advocate For the Opposite Party :

Mr. Umesh Lal Verma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-12-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of eight weeks.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 27.04.2016 in connection with Sessions Trial No. 29/2017, arising out of Maker P.S. Case No. 48/2016 registered for the offence under Sections 302/34 of the I.P.C.

The prosecution story, in brief, is that one dead body sustaining cut injury was found, which was, later on, identified to be that of the son of the informant. The informant raised suspicion against co-accused Suman Singh and Ravi Singh

Patna High Court CR. MISC. No.44096 of 2021(3) dt.08-12-2021 2/3 having their hands in committing the murder of her son due to grudge and old enmity.

Earlier the bail application of the petitioner was rejected vide Cr. Misc. No. 32101 of 2019 under order dated 20.09.2019, annexed as Annexure-1 to the present application, taking into account that on the confession of the petitioner the weapon used in the occurrence, was recovered. A report was called for from the learned court below regarding the present stage of the case. It has been reported that five prosecution witnesses have already been examined and summons have been issued to rests of the prosecution witnesses and the trial is likely to be concluded within a period of four months.

Considering the nature of accusation and the stage of the case, I am not inclined to grant bail to the petitioner. The same is rejected in connection with Sessions Trial No. 29/2017, arising out of Maker P.S.Case No. 48/2016, pending in the court of learned Additional District and Sessions Judge-X, Saran. The court below is directed to take all necessary steps to conclude the trial preferably within a period of four months from the date of receipt/production of copy of this order. The District Magistrate and the Superintendent of

Patna High Court CR. MISC. No.44096 of 2021(3) dt.08-12-2021 3/3 Police, Saran at Chapra, are also directed to ensure that the prosecution witnesses are produced on the date fixed in the court below so that the trial could be concluded within the stipulated period.

Let a copy of this order be communicated to the District Magistrate and the Superintendent of Police, Saran at Chapra.

(Sudhir Singh, J) U.K./- U T