Patna High CourtCR. MISC./46838/2024dismissed

Umesh Rai @ Umesh Singh v. The State Of Bihar

2024-09-27Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46838 of 2024 Arising Out of PS. Case No.-35 Year-2020 Thana- FATUA District- Patna ====================================================== Umesh Rai @ Umesh Singh Son of Jamun Singh R/O Village - Supanchak, P.S. Fatuha, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Binode Bariar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-09-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Fatuha P.S. Case No. 35 of 2020, registered for the offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. At the outset, the learned Counsel for the petitioner has submitted that the prayer for bail of the petitioner was earlier rejected vide order dated 19.04.2023 in Cr. Misc. No. 57769 of 2022, but fresh ground for renewal of prayer for bail is prolonged custody of the petitioner and the snail pace of the trial.

4. The petitioner is in custody for more than two years

Patna High Court CR. MISC. No.46838 of 2024(5) dt.27-09-2024 2/2 and seven months but the trial is not proceeding with satisfactory speed, out of ten charge-sheeted witnesses, only two have been examined.

5. A report regarding stage of trial and deposition of witnesses examined, if any, was called for from the Court below vide order dated 23.08.2024 and the Court below responded through its letter no. 88 dated 18.09.2024 which shows that two witnesses have been examined up-till now.

6. The expected time to conclude the trial as per letter no. 88 is twelve months if the prosecution and the defence fully co-operate with the trial.

7. Considering the aforementioned facts and circumstances, the learned Trial Court is directed to conclude the trial within a period of twelve months failing which the petitioner may renew his prayer further.

8. With these observations, the bail petition stands disposed of.

(Nawneet Kumar Pandey, J) Neha/- U T