Ram Dhani Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22192 of 2016 Arising out of PS.Case No. -180 Year- 2014 Thana -SIKARPUR District- WEST CHAMPARAN(BETTIAH) ====================================================== Ram Dhani Ram, Son of Late Mingi Ram, resident of Village : Dahrahwa Tola, Police Station : Shikarpur, District : West Champaran. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ram Adya Singh, Advocate. For the Opposite Party : Mr. Awadhesh Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 04.09.2014 in connection with Sessions Trial No. 226 of 2015, arising out of Shikarpur P.S. Case No. 180 of 2014 for the offences instituted under Sections 147, 148, 149 and 302 of the IPC. The prosecution story, in brief, is that the petitioner and others assaulted by Lathi to Satyendra Yadav and the injury report suggests that the injury is caused by hard and blunt substance and fracture on the skull as a result of which he died. This is the second attempt on behalf of the petitioner for grant of bail.

Earlier bail application of the petitioner was rejected vide Annexure-1.

A report was called for from the court below regarding

Patna High Court Cr.Misc. No.22192 of 2016 (3) dt.24-08-2016 2/2 the stage of the case. The same is kept at Flag-'A'. It has been reported that out of twelve witnesses, seven witnesses have already been examined and the trial will be concluded within a period of four months.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in Sessions Trial No. 226 of 2015, arising out of Shikarpur P.S. Case No. 180 of 2014, pending in the court of the learned 3rd Additional District & Sessions Judge, West Champaran at Bettiah. Anyhow, the court below is directed to take all necessary steps to conclude the trial preferably within a period of five months from the date of receipt/production of copy of the order.

The District Magistrate, West Champaran at Bettiah, and the Superintendent of Police, West Champaran at Bettiah, are directed to ensure that the witnesses are produced in the court on the date fixed by the court below so that the trial could be concluded within the stipulated period as indicated above. Let a copy of this order be communicated to the District Magistrate, West Champaran at Bettiah and the Superintendent of Police, West Champaran at Bettiah.

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