Patna High CourtCR. MISC./62840/2023bail rejected

Laddu Lal Rai @ Laddu Lal Ray v. The State Of Bihar

2023-09-15Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62840 of 2023 Arising Out of PS. Case No.-152 Year-2022 Thana- SHAHPUR PATORI District- Samastipur ====================================================== LADDU LAL RAI @ LADDU LAL RAY Son Of Ram Udesh Rai @ Ram Udeshya Ray Resident Of Village - Hetanpur, P.S. - Patori (Mohanpur O.P.), District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Roy, Adv.

For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 15-09-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks regular bail in connection with Shahpur Patori P.S. Case No. 152 of 2022, dated 28.04.2022 registered for the offence(s) punishable under Section(s) 147, 148, 149, 341, 342, 323, 324, 379, 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. This is second attempt of the petitioner to get the relief of regular bail and his earlier prayer was rejected by this Bench vide order dated 22.05.2023 passed in Cr. Misc. No. 22536 of 2023 preferred by this petitioner.

4. The main submissions advanced by learned counsel for the petitioner are that the petitioner has been

Patna High Court CR. MISC. No.62840 of 2023(2) dt.15-09-2023 2/3 languishing in jail since 23.02.2023 and upon him the charges have been framed on 18.08.2023 by the Trial Court and his trial has commenced, though, there is specific allegation against him and allegedly he slit the throat of the victim but the allegation made in the FIR is completely absurd and unbelievable as despite the alleged attack and assault committed by more than ten persons including the petitioner by means of fire arm and sharp edged weapon the informant sustained simply injury as per his injury report and there is no chance of early disposal of petitioner's case.

5. Learned APP appearing for the State has opposed the prayer for bail.

6. Considering the seriousness of the allegation appearing against the petitioner, this Court is not inclined to accept his prayer for bail. Accordingly, petitioner's prayer for bail stands rejected.

7. As petitioner's trial has started and the next date for prosecution evidence is 19.09.2023. as per the status of petitioner's trial reflecting on E-COURTS (Official Website of District Courts) hence, the trial Court is directed to make effort to get the appearance of the victim for his examination and in this regard concerned prosecutor be also informed and take

Patna High Court CR. MISC. No.62840 of 2023(2) dt.15-09-2023 3/3 sufficient efforts to get the appearance of the material witnesses of the prosecution in the next three months.

8. If no significant progress is made in the trial of the petitioner with regard to the examination of prosecution witnesses in the said period of three months then the petitioner may renew his prayer for bail.

(Shailendra Singh, J.) Maynaz/- U T