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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39173 of 2022 Arising Out of PS. Case No.-95 Year-2017 Thana- MITHANPURA District- Muzaffarpur ====================================================== Rakesh Singh @ Rakesh Kumar Singh Son Of Ranjeet Singh @ Bhola Singh Resident of Village- Sirha, Ps- Pakaridayal, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. P.N. Sahi, Sr. Adv.

Mr. Akhauri Kamal Kishore Sahay, Adv.

For the Opposite Party/s :

Mr. Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-10-2022 Heard learned counsel for the parties.

The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

Earlier, prayer for bail of the petitioner was twice rejected vide order dated 06.01.2020 and 15.07.2021 passed in Cr. Misc. No. 66415 of 2019 and Cr. Misc. No. 2438 of 2021 respectively.

In pursuance to the order dated 17.08.2022, status report of trial in connection with Mithanpura P.S. Case No. 95 of 2017 has been received and kept at Flag-A, in which it is reported that charge has been framed in this case on 26.05.2022 and summons has been issued by the court but no witnesses has yet been turned up for examination. It is further reported that

Patna High Court CR. MISC. No.39173 of 2022(3) dt.12-10-2022 2/2 the trial may be concluded within six months with the cooperation of both sides.

Considering the present stage of the trial, I am not inclined to enlarge the petitioner on bail. Accordingly, his payer for bail is rejected in connection with Sessions Trial No. 261 of 2021 arising out of Mithanpura P.S. Case No. 95 of 2017 pending before the court of the learned Additional Sessions Judge 20th, Muzaffarpur.

Accordingly, the application is dismissed. However, Trial Court is directed to conclude the trial as expeditiously as possible within a period of six months and S. S.P., Muzaffarpur is directed to ensure production of the witnesses in the case on each and every date fixed without fail. However, petitioner is at liberty to renew his prayer for bail, if the trial is not concluded within the stipulated period.

(Anjani Kumar Sharan, J) devendra/- U T