← Library
Patna High CourtCR. MISC./14973/2017rejected

Santosh Ram @ Santosh Kumar @ Santosh Kumar Ram v. The State Of Bihar

2017-11-22Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14973 of 2017 Arising Out of PS.Case No. -458 Year- 2014 Thana -BARACHATTI District- GAYA ====================================================== Santosh Ram @ Santosh Kumar @ Santosh Kumar Ram S/o Ram Bilash Ram, Resident of Village- Arti, P.S.- Deo, District- Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhirendra Kumar Sinha For the Opposite Party/s : Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 22-11-2017 Heard learned counsel for the petitioner and counsel for the State.

In this case, the petitioner is seeking bail in connection with Barachatti P.S. Case No. 458 of 2014 for offence under Sections 279, 304(A) later on Section 302, 201, 328, 379 and 34 of the Indian Penal Code.

Earlier the petitioner has moved before this Court in Cr. Misc. No. 7959 of 2016 and this Court vide order dated 28.4.2016 rejected his bail, while passing the order has taken into consideration the bail granted to Shankar Das and Sanoj Paswan. This Court has also considered the submission that both the cases are identical even on a better footing, period of custody is more, should be granted bail.

In the present case, the case diary, as has been

Patna High Court Cr.Misc. No.14973 of 2017 (5) dt.22-11-2017 mentioned in that order, gives the details and manner the crime was committed. This Court is not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner, namely, Santosh Ram @ Santosh Kumar @ Santosh Kumar Ram is rejected with a direction to the Additional Chief Judicial Magistrate, Sherghati to take steps for commitment and commit the case within a period of three weeks from the date of receipt of this order, after receipt of the order by the Sessions Court, he will ensure the trial should be concluded within a period of further nine months from the date of receipt of the record and will report this Court if the trial is not concluded within the aforesaid period. The S.S.P., Gaya is also directed to make available the prosecution witnesses. In the event of appearance of the witnesses from the prosecution side, the Presiding Officer will record the statement of the witnesses and equally it will be the duty of the defence side to complete the cross-examination without any adjournment.

This Court is not inclined to grant bail to the petitioner. (Shivaji Pandey, J) Rishi/- U T