Hari Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17219 of 2018 Arising Out of PS.Case No. -62 Year- 2005 Thana -PIPRAHI District- SHEOHAR ====================================================== Hari Ram, Son of Late Yogendra Ram, Resident of Village-Bairia, Police Station-Sheohar, District-Sheohar.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 5.

11-07-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application has been filed for the grant of regular bail to the petitioner in connection with Session Trial No. 105/2013 arising out of Piprahi P.S. Case No. 62 of 2005 registered for the offences punishable under Sections 147, 148, 149, 323, 341, 342, 324, 302 of the Indian Penal Code.

A counter affidavit has been filed today on behalf of the Superintendent of Police, Sheohar. It is stated in paragraph-8 of the affidavit that all the non-bailable warrants issued by the court below have been executed by the S.H.O., Piprahi Police Station. In paragraph-9 of the affidavit, it has been informed that rest of the witnesses as

Patna High Court Cr.Misc. No.17219 of 2018 (5) dt.11-07-2018 mentioned in the charge-sheet will be under examination and the process for their examination is going on. In view of the information furnished in the counter affidavit, I am not inclined to enlarge the petitioner on bail for the present.

Accordingly, prayer for regular bail of the petitioner is rejected.

It is made clear that it will be the duty of the Superintendent of Police, Sheohar to ensure that all the charge-sheet witnesses against whom the trial court has issued non-bailable warrants are duly produced in the trial court on the date fixed in the matter, failing which it will be taken as violation of the order of the court. The trial court is to expedite the trial and conclude it as early as possible. This application is disposed off with the aforesaid direction and observation.

Rajeev/- (Rajeev Ranjan Prasad, J.) U T