Bijendra Mehta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51956 of 2021 Arising Out of PS. Case No.-16 Year-2019 Thana- CHUTIA SAHAYAK District- Rohtas ====================================================== Bijendra Mehta, male, aged about 29 years, Son of Shankar Mahto, R/o Village- Tilokhar Chor (Panduka), P.S.- Chutiya, District- Rohtas. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vikram Deo Singh, Adv.
For the Opposite Party/s :
Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-02-2022 Heard the counsel for the parties.
The petitioner, who is in custody since 17.06.2019, seeks bail in connection with Chutiya P.S. Case No. 16 of 2019, dated 24.05.2019, instituted for the offences under Sections 304(B) and 34 of the Indian Penal Code.
The petitioner has renewed his prayer for grant of bail during the pendency of Sessions Trial No. 464 of 2019.
Patna High Court CR. MISC. No.51956 of 2021(3) dt.09-02-2022 2/3 This Court, on 08.12.2021, had called for a report from the Trial Court about the stage of the case. The report, dated 06th of January, 2022, has since been received and kept at Flag - 'R' to this application. It appears from the report that all five prosecution witnesses have been examined and only the Doctor and the I.O. are left to be examined.
Mr. Vikram Deo Singh, the counsel for the petitioner has submitted that all the witnesses before the Trial Court have turned hostile.
This Court however is not inclined to allow this application for grant of bail during the pendency of the trial. The prayer for grant of bail to the petitioner is, accordingly, rejected.
However, the Trial Court is directed to expedite and conclude the trial positively within a period of four months from the date of receipt/production of a copy of this order.
If there is no substantial progress in the trial and which delay would not be attributable to the petitioner, he
Patna High Court CR. MISC. No.51956 of 2021(3) dt.09-02-2022 3/3 would be at liberty to approach the Trial Court for grant of bail and in that event, the Trial Court would be required to state reasons for the tardy progress of the trial and its nonconclusion of the trial within the stipulated period. This application stands disposed off accordingly. (Ashutosh Kumar, J) Praveen-II/- U T