Mohan Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68516 of 2021 Arising Out of PS. Case No.-18 Year-2019 Thana- RAMNAGAR District- West Champaran ====================================================== MOHAN BAITHA S/o Late Bhikham Baitha Resident of Hardiya, P.S.- Ramnagar, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Braj Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-02-2022 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.

Counsel for the petitioner is directed to remove the defect(s), as pointed out, by the office, within a period of four weeks from the date of restoration of normalcy.

Further, counsel for the petitioner submits that in paragraph 1 and the prayer portion of the present petition, due to typographical error, P.S. case number has wrongly been typed as "Ramnagar P.S. case No.20/2019" in place of "Ramnagar P.S. case No.18/2019".

Let in paragraph 1 and the prayer portion of the petition,

Patna High Court CR. MISC. No.68516 of 2021(3) dt.16-02-2022 2/2 the words "Ramnagar P.S. case No.20/2019" be corrected to be read as "Ramnagar P.S. case No.18/2019".

The petitioner seeks bail in connection with S.Tr. No.456/2019 arising out of Ramnagar P.S. case No.18/2019 registered under Sections 341, 302, 323, 307, 504, 506/34 of the Indian Penal Code, pending in the court of Additional Sessions Judge 1st, Bagaha, West Champaran.

The earlier bail application of the petitioner was rejected vide Annexure 1 to the present application taking into account that the petitioner had given a single lathi blow upon the deceased and the postmortem report corroborated with the said allegation. A report was called for from the trial court. It has been reported that six prosecution witnesses are yet to be been examined. Considering the nature of accusation 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. Narendra/- (Sudhir Singh, J) U T