Rambali Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14431 of 2018 Arising Out of PS. Case No.-141 Year-2017 Thana- BATHNAHA District- Sitamarhi ====================================================== Rambali Ram S/o Late Nathuni Ram, R/o Village- Harnahiya P.S.- Sahiyara, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh For the Opposite Party/s :

Mr. Sri Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 18-07-2018 The prayer for bail of the petitioner was earlier dismissed as withdrawn by order dated 28.11.2017. There is a general allegation against all the accused persons of having resorted to firing leading to injuries to one Pawan Singh and Ram Ekbal Sah, who later succumbed to the injuries. Many persons are said to have opened fire on the deceased leading to his death. Some of such persons, with similar allegation, have been granted bail on the ground that while their bail petition was rejected by this Court earlier, an observation was made that they could renew their prayer for bail after the framing of the charge.

Patna High Court Cr.Misc. No.14431 of 2018(3) dt.18-07-2018 2/3 This Court has been informed by the learned lawyer appearing for the other side / informant that about 10 witnesses have, by now, been examined and there is every likelihood of the trial being concluded in the near future. The petitioner is in custody since 01.08.2017. Pawan Kumar, one of the injured of the case has been examined as P.W. 3 at the trial. In his examination-in-chief, he has specifically stated that the firing resorted to by the petitioner hit the deceased in his head leading to his death.

Mr. Bikram Deo Singh, learned Advocate appearing for the petitioner has, however, pointed out that the aforesaid statement was not made by Pawan Kumar before the Police, for which attention also has been drawn before the trial court. In any view of the matter, this Court is not inclined to give a re-look to the case of the petitioner, more so, when almost all the witnesses have been examined.

However, regard being had to the fact that the petitioner is in custody since 01.08.2017 and most of the witnesses have been examined, the trial court is directed to conclude the trial as early as possible, preferably within a period of four months. In case the trial is not concluded within the aforesaid period, the petitioner would be at liberty to approach

Patna High Court Cr.Misc. No.14431 of 2018(3) dt.18-07-2018 3/3 this Court again for grant of bail.

The prayer for bail is accordingly rejected with the aforesaid observation.

(Ashutosh Kumar, J) skm/- U T