Chandra Mohan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22499 of 2016 Arising Out of PS.Case No. -1 Year- 2013 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Chandra Mohan Rai S/o Chandeshwar Prasad, R/o Village- Paigambarpur, P.S. Sivai Patti, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramakant Yadav, Advocate For the Opposite Party/s : Mrs. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 22-06-2016 Heard.

The petitioner seeks bail in a criminal prosecution originally registered under Sections 392, 394, 397/34 of the Indian Penal Code as also under Section 27 of the Arms Act, in which subsequently offences under Sections 411 and 414 of the Indian Penal Code was also added.

The prayer for bail of this petitioner was earlier rejected by this Court by order dated 03.03.2015 passed in Cr.Misc.No. 49554 of 2014 (Annexure-1) with a direction to the trial court to take up the trial of the petitioner on priority basis and all endeavour should be made to conclude the same at an early date preferably within a period of one year from the date of framing of charge. However, liberty was granted to the petitioner to renew his prayer for bail if the trial is not concluded within the aforesaid period of time.

The learned counsel appearing on behalf of the petitioner has very fairly submitted that the charges against the petitioner were framed on 19.02.2016.

Patna High Court Cr.Misc. No.22499 of 2016 (2) dt.22-06-2016 2/2 In view of the aforesaid submission it is apparent that that period of one year fixed by order dated 03.03.2015 is not completed.

In above view of the matter, the prayer for bail made on behalf of the petitioner in connection with Trial No. 1498 of 2014 arising out of Rajepur P.S.Case No. 01 of 2013 before the learned trial court in the district of East Champaran, Motihari is rejected once again.

However, liberty is granted to the petitioner to renew his prayer for bail if the trial is not concluded within a period of one year from the date of framing of charge.

(Birendra Prasad Verma, J) Tahir/- U T