Jitendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47514 of 2021 Arising Out of PS. Case No.-25 Year-2020 Thana- BASANTPUR District- Siwan ============================================== 1.

JITENDRA RAI S/o Pundeo Rai R/o Village- Ujjaina, P.S.- Basantpur (O.P.- Lakari Nabiganj), District- Siwan.

2.

Janak Rai S/o Late Idrashan Rai R/o Village- Ujjaina, P.S.- Basantpur (O.P.- Lakari Nabiganj), District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Adv.

:

Mr.Kumar Binode Bariar, Adv.

For the Opposite Party/s :

Mr.Mithlesh Kumar Khare, APP For the Informant :

Mr. Manoj Kumar.

============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 01-12-2021 Heard Mr. Yogesh Chandra Verma, the learned counsel for the petitioners and Mr. Manoj Kumar, the learned counsel for the informant. The State is represented by Mr. Mithilesh Kumar Khare, the learned APP.

The petitioner seeks bail in connection with Basantpur (O.P. Lakri Nabiganj) P.S. Case No. 25 of 2020 instituted for the offences under Sections 363, 365, 302 and 201 of the Indian Penal Code.

Patna High Court CR. MISC. No.47514 of 2021(3) dt.01-12-2021 2/3 The prayer for bail of the petitioner was earlier rejected vide order dated 19.03.2021 passed in Cr. Misc. No. 34505 of 2020.

This Court had called for a report about the stage of the case from the court below. The report indicates that only one witness is left to be examined. However, the learned counsel for the informant has informed this Court that the case is running for evidence of defence and final time has been given by the Trial Court for examination of defence witnesses.

Regard being had to the nature of accusation against the petitioner, I am not inclined to grant bail to him presently.

However, considering the fact that all the witnesses have been examined and only defence witnesses are required to be examined, this Court directs that the trial ought to be concluded within a period of four months from the date of receipt / production of a copy of this order, failing which the petitioner shall be at liberty to approach the Trial Court again for grant of bail and in that event the Trial

Patna High Court CR. MISC. No.47514 of 2021(3) dt.01-12-2021 3/3 Court would be under an obligation to state in detail the reasons for the tardy progress of trial.

The petition stands disposed of accordingly.

(Ashutosh Kumar, J) sunilkumar/- U T