Subhash Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 40617 of 2017 Arising Out of PS. Case No.-891 Year-2015 Thana- Hajipur District- Vaishali ====================================================== Subhash Rai Son of Nagendra Rai, R/o Village- Gandhi Ashram, P.S.- Town Hajipur, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suraj Narain Prasad Sinha, Sr.Adv.

Ms. Kanchan Kumari, Adv.

For the Opposite Party/s :

Mr. Madan Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

20-09-2017 Heard Sri Suraj Narain Prasad Sinha, learned senior counsel assisted by Ms. Kanchan Kumari, learned counsel for the petitioner and Sri Madan Kumar, learned Addl. Public Prosecutor.

This is the 2nd attempt for grant of bail on behalf of petitioner. Earlier, the prayer for bail of petitioner was rejected on 22-11-2016, vide Cr. Misc. No. 26675 of 2017, mainly considering the fact that petitioner was accused in altogether 8 cases, including the present case, and in the present case, there was recovery of Ganja, country-made pistol as well as stolen motorcycle.

Sri Sinha, learned senior counsel, while renewing the prayer for bail, submits that said alleged motorcycle has

Patna High Court Cr.Misc. No.40617 of 2017(2) dt.20-09-2017 2/2 already been released in favour of the owner of the vehicle. He further accepts that during the trial, two witnesses have been examined, who have not supported the prosecution case and in this case, there are only five charge-sheeted witness for examination.

Considering the fact that the prayer for bail was rejected, in view of criminal antecedent of the petitioner as well as the fact that trial is going on, it would not be appropriate to review my earlier order.

The prayer for bail again stands rejected.

However, while dismissing, it is desirable to observe that learned trial court may take appropriate step so that the case may come to its logical end without unnecessary delay. (Rakesh Kumar, J.) anay U T