Amarjit Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37180 of 2020 Arising Out of PS. Case No.-39 Year-2017 Thana- JURAWANPUR District- Vaishali ====================================================== Amarjit Rai, aged about 36 years, Male, Son of Raghunath Rai, Resident of Village - Birpur, P.S.- Jurawanpur, District - Vaishali ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ashok Kumar Mishra, Advocate For the Opposite Party :

Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 02-02-2021 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Session Trial No. 46 of 2019 arising out of Jurawanpur P.S. Case No. 39 of 2017 for the offence under Sections 304B and 201/34 of the Indian Penal Code. Later on, charge sheet has been submitted under Sections 302 and 201/34 of the IPC. Earlier prayer for bail was twice rejected by a coordinate Bench of this Court vide orders dated 12.10.2018 and 24.07.2019 passed in Cr. Misc. No. 50306 of 2018 and Cr. Misc. No. 44173 of 2019, respectively.

Learned counsel appearing on behalf of the petitioner would submit that the petitioner is in custody since 12.02.2018 and as such he has already completed approximately three years in custody. Learned counsel submits that after framing of

Patna High Court CR. MISC. No.37180 of 2020(2) dt.02-02-2021 2/2 charge, there is no development in the pending trial. Considering the fact that the petitioner is in custody since 12.02.2018, the court below is directed to expedite the trial and conclude the same in all respects positively within a period of six months from the date of receipt/communication of a copy of this order.

Superintendent of Police, Vaishali at Hajipur is directed to ensure production of all the prosecution witnesses and their examination at the earliest so that the trial may be concluded within the time stipulated hereinabove. In the event, the trial is not concluded within the time stipulated hereinabove and there is no laches on the part of the petitioner, the court below shall release him on bail on appropriate terms and conditions after expiry of period of six months and submit failure report for not following the observations made hereinabove before Registrar (Vigilance) of this Court.

The application stands disposed of.

Let a copy of this order be communicated to the Registrar (Vigilance) of this Court for appropriate action. (Anil Kumar Upadhyay, J) BT/- U T