Pawan Maharaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36758 of 2020 Arising Out of PS. Case No.-94 Year-2019 Thana- KATIHAR GRP CASE District- Katihar ====================================================== PAWAN MAHARAJ son of Chhotan Maharaj Resident of Village- Sanha, Paraura, Ward No. 05 P.S.- Sahebpur Kamal, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suresh Prasad Sah, Advocate For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 26-03-2021 Heard Mr. Suresh Prasad Sah, learned Advocate for the petitioner and Mr. Surendra Kumar, learned APP for the State.

The petitioner seeks bail in connection with Rail Katihar P.S. Case No. 94 of 2019 dated 03.12.2019 instituted for the offences under Sections 401, 414, 379, 411 and 34 of the Indian Penal Code, Section 20/22 of the NDPS Act and Sections 137 and 147 of the Indian Railway Act, 1909.

On 10.03.2021, this Court had called for a report from the court below about the stage of the case. The report dated 17.03.2021 indicates that charges in this case was framed and thereafter five prosecution witnesses have been examined. Only few of the prosecution witnesses are left to be examined. The court

Patna High Court CR. MISC. No.36758 of 2020(4) dt.26-03-2021 2/2 below has also stated that the trial is likely to be concluded positively within the next three months. Considering the present stage of trial, I am not inclined to grant bail to the petitioner for the present. Accordingly, the prayer for bail is rejected. However, the trial court is directed to positively conclude the trial within the next four months, failing which the petitioner shall have the liberty to approach the court below for grant of bail.

(Ashutosh Kumar, J) krishna/- U T