Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36024 of 2020 Arising Out of PS. Case No.-976 Year-2016 Thana- BIHTA District- Patna ====================================================== Rajesh Kumar, male, aged about 40 years, S/o Bhupnath Rai @ Jeev Nath Rai, R/o village- Hiramanpur, P.S.- Bihta, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Patanjali Rishi, Adv.
For the Opposite Party/s :
Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-03-2021 Heard Mr. Patanjali Rishi, learned Advocate for the petitioner and Mr. Gauri Shankar Gupta, learned APP for the State.
The petitioner seeks bail in connection with Sessions Trial No. 751 of 2017 arising out of Bihta P.S. Case No. 976 of 2016, dated 29.12.2016, instituted for the offences under Sections 302, 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act.
Patna High Court CR. MISC. No.36024 of 2020(3) dt.05-03-2021 2/3 On 27.01.2021, this Court had called for a report about the stage of the case from the Court below. The report indicates that out of seven chargesheeted witnesses, five have already been examined and the case is pending for the examination of two witnesses. Regard being had to the afore-noted stage of the case as also the nature of accusation, I am not inclined to exercise my discretion for grant of bail to the petitioner for the present.
The prayer for grant of bail of the petitioner is, accordingly, rejected.
However, the Trial Court is directed to expedite and conclude the trial preferably within a period of four months from the date of receipt/production of a copy of this order.
If there is no substantial progress in the trial and which delay would not be attributable to the petitioner, he would be at liberty to approach the Trial Court for grant of bail and in that event, the Trial Court would be required to state reasons for non-conclusion of the trial within the
Patna High Court CR. MISC. No.36024 of 2020(3) dt.05-03-2021 3/3 aforesaid period.
The application stands disposed off accordingly. (Ashutosh Kumar, J) Praveen-II/- U T