Patna High CourtCR. MISC./50446/2019dismissed

Shobhnath Rai @ Somnath Rai v. The State Of Bihar

2019-09-18Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50446 of 2019 Arising Out of PS. Case No.-236 Year-2017 Thana- GARKHA District- Saran ====================================================== SHOBHNATH RAI @ SOMNATH RAI Son of Ramdeo Rai @ Panchi Rai Resident of Village - Rampur Bathani, P.S.- Garkha, Dist.- Saran (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-09-2019 Earlier the prayer for bail of the petitioner was dismissed vide order dated 21.11.2017 passed in Cr. Misc. No. 52529 of 2017 as well as vide order dated 01.08.2018 passed in Cr. Misc. No. 46517 of 2018 and, thereafter, the prayer of the petitioner for grant of provisional bail was also disposed of vide order dated 17.04.2019 passed in Cr. Misc. No. 24769 of 2019 and allegation against the petitioner and others is that they hurled bomb on the house of informant causing death of some persons.

Submission of learned counsel for the petitioner is that he has been in judicial custody for more than two years and uptil now the trial has not been concluded.

Heard learned A.P.P. and perused the report submitted by learned Trial Court, from which, it appears that

Patna High Court CR. MISC. No.50446 of 2019(3) dt.18-09-2019 2/2 only one witness has been examined in this case, though altogether nine witnesses are named in the F.I.R. and the learned Trial Court has assured that he will try to conclude the trial within a period of six months.

Having heard both sides, considering the facts and circumstances of the case, at this stage, I am not inclined to enlarge the petitioner on bail, however, the trial court is directed to expedite and conclude the trial within nine months from the date of receipt of this order. Superintendent of Police, Saran is directed to ensure the presence of witnesses in the trial court. Let a copy of this order be also communicated to the Superintendent of Police, Saran.

This application is accordingly dismissed.

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