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Patna High CourtCR. MISC./40881/2020rejected

Daho Tanti v. The State Of Bihar

2021-03-09Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40881 of 2020 Arising Out of PS. Case No.-406 Year-2018 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Daho Tanti Son of Late Sitaram Tanti Resident of Village- Ramdiri, Mahaji Tola, P.S.- Matihani, Distt- Begusarai.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sandip Kumar Gautam, Advocate For the State :

Mr. Anant Kumar No. 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-03-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has renewed his prayer for bail in connection with Town P.S. Case no. 406 of 2018 registered under section 363 of the Indian Penal Code.

As per allegation in the F.I.R., the ten year old son of the informant who was playing near the house became traceless and thereafter was not to be found. In course of investigation a ransom call which was received by the informant was made using a Sim card which was being used by this petitioner. It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was rejected vide order dated 29.03.2019 and 26.02.2020, the orders of which are annexures to this petition. The petitioner is in

Patna High Court CR. MISC. No.40881 of 2020(3) dt.09-03-2021 2/2 custody since 27.07.2018 and there is no chance of the trial concluding in near future.

A report was called for from the learned court below and the same has been received. As per the report dated 23.02.2021 all the charge sheet witnesses have been examined on behalf of the prosecution. It has further been stated that the petition filed by the prosecution for allowing the seizure and inquest witnesses to be examined have been allowed and the prosecution has been directed to ensure the production of the witnesses at the earliest.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the stage of the trial, this Court is not inclined to enlarge the petitioner on bail. The same is rejected. The learned trial court is directed to expedite the trial and to conclude the same within six months.

(Partha Sarthy, J) shahzad/- U T