Vinod Ram @ Binod Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43881 of 2022 Arising Out of PS. Case No.-37 Year-2019 Thana- KHUDWA District- Aurangabad ====================================================== Vinod Ram @ Binod Ram S/o Late Muneshwar Ram R/o village- Kalen, P.S.- Khudwa, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anand Kishore Choudhary, Advocate For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-02-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Earlier the prayer for bail of the petitioner was rejected vide order dated 18.01.2021 passed in Cr. Misc. No. 29559 of 2020.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code.

Learned counsel for the petitioner has filed this bail petition only on the ground that altogether out of 10 charge sheet witnesses, only 5 witnesses have been examined by the trial court. The petitioner is in custody since 29.08.2019.

Patna High Court CR. MISC. No.43881 of 2022(4) dt.16-02-2023 2/2 Vide order dated 25.11.2022 a report was called for with regard to the present stage of trial. Report dated 01.12.2022 reveals that out of 10 charge sheet witnesses, 6 witnesses have been examined and the trial is pending for rest of the prosecution witnesses.

Learned counsel for the petitioner submits that in view of the report of the trial court, the trial is not likely to be concluded in the near future.

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Sessions Trial No. 440 of 2019 and 246 of 2020 arising out of Khudwan P.S. Case No. 37 of 2019 pending in the court of learned 15th Additional District Judge, Aurangabad.

Prayer is refused.

However, the learned Trial Court is directed to expedite the trial.

(Rajesh Kumar Verma, J) Vanisha/- U T