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Patna High CourtCR. MISC./66128/2021dismissed

Sarvesh Das @ Mumbaiya v. The State Of Bihar

2022-02-09Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66128 of 2021 Arising Out of PS. Case No.-246 Year-2019 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== SARVESH DAS @ MUMBAIYA Son of Deep Narayan Das Resident of Village- Madhopur Sultanpur, P.S.- Runnisaidpur, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh, Advocate For the Opposite Party/s :

Mr.Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-02-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioner seeks bail in connection with Sessions Trial No.75 of 2021 arising out of Runnisaidpur P.S. case No.246 of 2019 registered under Sections 384, 385, 307 of the Indian Penal Code and Section 27 of the Arms Act, pending in the court of Additional District Judge VII, Sitamahri.

Patna High Court CR. MISC. No.66128 of 2021(3) dt.09-02-2022 2/3 The earlier bail application of the petitioner was rejected vide Annexure 1 to the present application taking into account that there are 18 criminal cases pending against the petitioner.

It has been submitted on behalf of the petitioner that as on today there are 24 criminal cases pending against the petitioner. A report was called for from the trial court. It has been reported that summons have been issued against the prosecution witnesses and six prosecution witnesses are to be examined. It has also been reported that the trial is likely to be concluded within a period of six months.

Considering the number of criminal cases pending against the petitioner and the stage of the case, I am not inclined to grant bail to the petitioner. The same is rejected. The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of six months from the date of receipt/production of a copy of this order. The District Magistrate, Sitamarhi and the Superintendent of Police, Sitamarhi are also directed to take necessary steps to produce the witnesses on the date fixed by the Trial Court so that the trial could be concluded within the stipulated period.

Patna High Court CR. MISC. No.66128 of 2021(3) dt.09-02-2022 3/3 Let this order be communicated to the District Magistrate, Sitamarhi and the Superintendent of Police, Sitamarhi.

(Sudhir Singh, J) Narendra/- U T