Rakesh Kumar Singh @ Rakesh Kumar @ Chunnu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 38183 of 2023 Arising Out of PS. Case No.-94 Year-2019 Thana- SIGAUDI District- Patna ====================================================== RAKESH KUMAR SINGH @ RAKESH KUMAR @ CHUNNU SINGH SON OF SUBHAK SINGH @ RAM SUBHAG SINGH VILLAGE KARANPURA P.S. SIGAUDI DISTRICT PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar, Advocate For the State :

Mr.Raj Ballabh Singh, APP For the Informant :

Mr. Ajay Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-10-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. 2.

The petitioner seeks regular bail in connection with Session Trial No. 150 of 2021 arising out of Sigori P.S. Case No. 94 of 2019, registered for the offences punishable under Sections 341, 323, 324, 307, 504 and 34 of the Indian Penal Code.

3.

The allegation is regarding the family members of the informant and the petitioner and his family members having entered into an altercation, whereupon a scuffle had ensued and thereafter the petitioner is alleged to have inflicted knife blows on the husband of the informant,

Patna High Court CR. MISC. No. 38183 of 2023(4) dt.17-10-2023 2/3 resulting in his subsequent death.

4.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he is having a clean antecedent and is languishing in custody since 08.10.2019. It is also submitted that though charges were framed as long back as on 29.04.2022, however, only one witness has been examined by the prosecution till date, hence the petitioner be granted the privilege of bail. Nonetheless, the learned counsel for the petitioner is not averse to the idea of liberty being granted to the petitioner to renew his prayer for bail after lapse of a period of one and half years from today. 5.

Per contra, the learned A.P.P. for the State Shri Raj Ballabh Singh as also the learned counsel appearing for the informant Shri Ajay Mishra have vehemently opposed the prayer for bail and have submitted that the petitioner is the main assailant.

6.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the learned Court of A.D.J.-V, Danapur in

Patna High Court CR. MISC. No. 38183 of 2023(4) dt.17-10-2023 3/3 connection with Session Trial No. 150 of 2021, arising out of Sigori P.S. Case No. 94 of 2019, to expedite the trial and ensure examination of all the prosecution witnesses forthwith, without any unnecessary adjournments, for which the learned Trial Court is also granted a free hand to take appropriate action including punitive action. It is further directed that the Ld. Trial Court shall make endeavours to positively conclude the pending trial within a period of one year from today.

7.

It is needless to state that in case there is no substantial progress in the on going trial, the petitioner would be at liberty to renew his prayer for bail after expiry of a period of one and a half years from today.

8.

Accordingly, the present petition stands disposed off as not pressed.

(Mohit Kumar Shah, J) S.Sb/- U T