Upendra Rai @ Chamku Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6843 of 2017 Arising Out of PS.Case No. -116 Year- 2009 Thana -UDWANTNAGAR District- BHOJPUR ====================================================== Upendra Rai @ Chamku Rai, son of Late Jagdish Rai, resident of VillageDullalchak, Police Station- Sahar , District- Bhojpur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Akhileshwar Pd. Singh, Sr.Advocate For the Opposite Party/s : Mr. Ajay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-05-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Sessions Trial No. 253 of 2013, arising out of Udwant Nagar P.S.Case No. 116 of 2009 registered for the offences punishable under Sections 307/34 of the Indian Penal Code and 27 of the Arms Act.

It appears that earlier twice prayer for bail of the petitioner has been rejected by this Court.

It has been submitted on behalf of the petitioner that petitioner is in custody for about five years and there is no specific allegation against the petitioner.

From perusal of the record it appears that a report was called for from the court concerned and the report shows that all

Patna High Court Cr.Misc. No.6843 of 2017 (4) dt.03-05-2017 2/2 the witnesses have been examined except informant and I.O. and non-bailable warrant has been issued against the informant and the case will be disposed of on day-to-day basis. Considering the above circumstances, I am not inclined to grant bail to the petitioner at this stage. However, learned trial court is directed to expedite the trial and try to conclude the same as soon as possible and at that time and at the same time the Superintendent of Police, Bhojpur is directed to ensure that the witnesses are present in court on regular basis. The aforesaid directions must be complied with strictly. This application is dismissed with the above observations.

(Vinod Kumar Sinha, J) spal/- U