Pahari Singh @ Pahari Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38417 of 2022 Arising Out of PS. Case No.-21 Year-2019 Thana- TIKAPATTI District- Purnia ====================================================== Pahari Singh @ Pahari Mandal, Son of Late Gyanchand Singh, R/O Sapaha, P.S.- Tikapatti, District- Purnia ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP For the Informant :

Mr. Dr. Bidhu Ranjan, Advocate Mr. Sumit Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. Petitioner in this case has renewed his prayer for bail in connection with Sessions Trial No. 39 of 2021 arising out of Tikapatti P.S. Case No. 21 of 2019 registered for the offences under Sections 302, 120(B), 34 of the Indian Penal Code and Section 27 of the Arms Act. He has no criminal antecedent. He is in custody since 17.10.2019.

Learned counsel for the petitioner submits that earlier the prayer for bail of the petitioner was rejected by this Court vide order dated 27.05.2020 passed in Cr. Misc. No. 85236 of 2019. It is his submission that the petitioner has remained in judicial custody since 17.10.2019 and has no criminal antecedent.

Patna High Court CR. MISC. No.38417 of 2022(5) dt.10-05-2023 2/2 Learned counsel for the petitioner, however, agrees that at this stage, almost all the prosecution witnesses have been examined and as per the report of the learned trial court as on 01.03.2023, only one prosecution witness who was the Investigating Officer of the case has been left to be examined. Learned counsel submits that thereafter no progress has been made and the Investigating Officer has not been examined.

Learned counsel for the informant submits that in this case, the trial has already concluded.

In the given facts and circumstances of the case as the trial has itself either concluded or is on the verge of conclusion, this Court is not inclined to release the petitioner on bail. In case, the evidences of the parties have already been closed, let the learned trial court conclude the trial within a period of two months from the date of receipt/production of a copy of this order.

This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) lekhi/- U T