Lalu Rai @ Lallu Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35215 of 2020 Arising Out of PS. Case No.-130 Year-2018 Thana- DIGHA District- Patna ====================================================== LALU RAI @ LALLU RAI S/o Late Dwarika Rai Resident of Village-Digha Pati Pul, P.S.-Digha, District-Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashank Shekhar For the Opposite Party/s :
Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-03-2021 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Digha P.S. Case No. 130/2018 instituted for the offences under Sections 302, 120(B), 34 of the Indian Penal Code and 27 of the Arms Act. The earlier bail application of the petitioner was rejected vide Annexure-1 series taking into account that the petitioner is the assailant. There were eight wound of entry found in course of post-mortem.
A report was called for from the Trial Court. It has been reported that out of 16 prosecution witnesses, 10 prosecution witnesses have already been examined and the trial is likely to be concluded within a period of nine months. On behalf of the State, it is submitted that the
Patna High Court CR. MISC. No.35215 of 2020(3) dt.24-03-2021 2/2 petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected. The Trial Court is directed to take all necessary steps to conclude the trial at earliest preferably within a period of nine months from the date of receipt/production of a copy of this order.
The District Magistrate, Patna and the Senior Superintendent of Police, Patna are also directed to take necessary steps to produce the remaining witnesses on the date fixed in the Trial Court so that the trial could be concluded within the stipulated period.
Let this order be communicated to the District Magistrate, Patna and the Senior Superintendent of Police, Patna.
(Sudhir Singh, J) Pankaj/- U T