Sunil Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53548 of 2023 Arising Out of PS. Case No.-899 Year-2021 Thana- BANKA District- Banka ====================================================== SUNIL DAS SON OF LATE WAKIL DAS RESIDENT OF VILLAGEMAHESHADIH, POLICE STATION-BANKA, DISTRICT- BANKA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 22-09-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner seeks regular bail in connection with Banka P.S. Case No.899 of 2021 dated 16.11.2021 registered for the offence/s punishable under Section/s 302/34 of the Indian Penal Code.

3.

This is second attempt of the petitioner for the relief of regular bail after the petitioner's earlier prayer for the same relief was rejected by this Court vide order dated 10.08.2022 passed in Cr. Misc. No.9158 of 2022 preferred by this petitioner.

4.

It is submitted by the learned counsel for the petitioner that the petitioner has been languishing in jail since 17.11.2021 and he has come again before this Court in the light of liberty given to him in the earlier rejection order to renew his bail prayer after nine months, if his trial is not concluded within

Patna High Court CR. MISC. No.53548 of 2023(3) dt.22-09-2023 2/2 the said period and petitioner's trial is still running. Further submission is that on the body of the deceased only one injury was found as per her postmortem report which might be result of her falling down and no one claimed to have seen this petitioner assaulting the victim and there is no eye witness of the alleged occurrence.

5.

Learned APP appearing for the State opposes the bail prayer.

6.

Heard both the sides. Though the petitioner has been languishing in jail since 17.11.2021 but as per the status report of his case sent by the trial Court, it appears that out of total eight chargesheet witnesses of the prosecution, six have been examined and the petitioner's case is running at final stage of trial, hence in my opinion, it will not be proper to enlarge the petitioner on bail at this stage. Accordingly, his bail prayer again stands rejected.

7. The learned Trial Court is directed to conclude the petitioner's trial at the earliest, preferably in the next three months.

(Shailendra Singh, J) sangam/- U T