Prakash Kumar Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.36533 of 2020 Arising Out of PS. Case No.-238 Year-2016 Thana- MUFFASIL District- West Champaran ====================================================== Prakash Kumar Patel Son Of Sri Ramchandra Prasad Resident Of Village - Banuchhapar, P.S. - Bettiah Muffasil (BANUCHHAPAR O.P.), District - West Champaran ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma, Advocate For the Opposite Party/s :
Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 09-07-2021 Heard learned counsel for the petitioner and Mr. Choubey Jawahar, learned A.P.P. for the State. Petitioner, in the present case, is seeking regular bail in connection with Sessions Trial No. 415 of 2017 arising out of Bettiah Muffasil P.S. Case No. 238/2016 registered for the offence under Sections 395/397 of the Indian Penal Code and Section 27 of he Arms Act, pending in the court of learned 4th Additional Sessions Judge, West Champaran at Bettiah. Learned counsel for the petitioner submits that petitioner is not named in the First Information Report and no incriminating article has been recovered from his possession. It is submitted that because of the criminal antecedents of the petitioner he has been involved in this case. In paragraph '5' of the bail petition it is recorded that
Patna High Court CR. MISC. No.36533 of 2020(4) dt.09-07-2021 2/3 the charges were framed in this case for the offence under Section 395,397, 420, 468, 471 and 414 of the Indian Penal Code and five witnesses so far have been examined. When query made by this court learned counsel submits that in the present case there are six charge-sheet witnesses out of whom five have already been examined as stated in the petition on record, examination of rest of the witnesses he has no information.
Learned A.P.P. for the State has opposed the prayer for bail of the petitioner. It is submitted that this petitioner has got five criminal antecedents and all are of serious nature, he has himself stated that in the case at serial no. 1 & 2 he is not on bail. So far as the present case is concerned, the learned 1st Fast Track Court has recorded that release of this petitioner at this stage is likely to adversely affect the course of trial and considering the gravity of the offences the petitioner does not deserve privilege of bail.
Considering the facts and circumstances wherein out of six charge-sheet witnesses five have already been examined in course of trial and trial is at the fag end, the gravity of offence alleged and the materials placed before this Court, this Court persuaded with the observation of the learned trial court.
Patna High Court CR. MISC. No.36533 of 2020(4) dt.09-07-2021 3/3 This application for regular bail of the petitioner is, thus, refused at this stage.
Let the trial be expedited and all efforts be made to conclude the trial preferably within a period of six months from the start of normal functioning of the court. If the trial remains unconcluded for no reason attributable to the petitioner, he may renew his prayer for bail.
(Rajeev Ranjan Prasad, J) Rajeev/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.