Rajesh Rai @ Pawanjee @ Arjun v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55998 of 2015 Arising Out of PS.Case No. -99 Year- 2012 Thana -PANAPUR District- SARAN ====================================================== Rajesh Rai @ Pawanjee @ Arjun Son of Ghanshyam Rai Resident of Village- Dhenuki, P.s Panapur, Dist-Saran.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the Opposite Party/s : Mr. Manoj Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 27-01-2016 By way of the present application under Sections 439 and 440 of the Code of Criminal Procedure, 1973, the petitioner has renewed his prayer for bail in connection with Panapur P. S. Case No. 99 of 2012 in S. T. No. 118 of 2014/ 3196 of 2014. The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 23.09.2014 passed in Cr. Misc. No. 33783 of 2014.

It has been contended by learned counsel for the petitioner that the petitioner is in custody for over three years and the trial has not concluded as yet.

A report was called for from the trial Court regarding the stage of trial. The learned Additional District Judge, IX,

Patna High Court Cr.Misc. No.55998 of 2015 (3) dt.27-01-2016 2/2 Saran, Chapra has submitted his report in which he has highlighted that one of the co-accused, namely, Pankaj Kumar @ Umesh Rai, who was earlier granted bail, has misused the privilege of bail and his bail bond has been cancelled and the case of the petitioner has been split up vide order dated 11.12.2015.

Having regard to the facts and circumstances of the case, especially the fact that the petitioner is a habitual offender and has been involved in 11 more cases of serious nature, I am not inclined to review my earlier order. Accordingly, the application is dismissed.

Let the Court below expedite the split up trial and conclude the same at the earliest.

(Ashwani Kumar Singh, J.) Kanchan/- U T