Rahul Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47048 of 2019 Arising Out of PS. Case No.-544 Year-2014 Thana- MOTIHARI TOWN District- East Champaran ====================================================== RAHUL SINGH S/o Sant Bachha Prasad Thakur R/o Village- Areraj Khajuriya, P.S.- Govindganj, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manindra Kishore Singh For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-08-2019 Heard the parties.

Earlier the prayer for bail of the petitioner was rejected by this Court, vide order dated 12.10.2018 passed in Cr. Misc. No.46377of 2018. Allegatin against the petitioner and others is of firing causing death of two persons.. Submission of the learned counsel for the petitioner is that he is in custody since 14.9.2015 and all the witnesses have been examined and they have not supported the present case and the case is depending on the examination of the I.O. and the Doctor and for that he has written a letter to the Director, Health Deptt. and the Chief Secretary as well as D.G.P. of Bihar also but in spite of that witnesses are not appearing and now the accused has been transferred to the Special Central Jail, Bhagalpur.

Learned trial court has sought six months time to conclude the trial..

Heard learned A.P.P. also.

Patna High Court CR. MISC. No.47048 of 2019(3) dt.21-08-2019 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner, however, the learned trial court is directed to conclude the trial within a period of six months. At the same time, the Secretary, Health Deptt. as well as the D.G.P. of Bihar are directed to get the I.O. and the Doctor produced in the court on the next date fixed . At the same time the Home Secretary, Bihar is directed to see that the witnesses are produced in the court on the date fixed so that the trial may be concluded within time framed..

In spite of the above directions if the trial is not concluded within a period of six months, the petitioner is at liberty to move before the court below for grant of bail, which will be considered by the learned court below on the basis of materials available on the record and considering the same he will pass order.

With the aforesaid direction, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T