Patna High CourtCR. MISC./52775/2015dismissed

Satyendra Chauhan v. The State Of Bihar

2015-12-10Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 52775 of 2015 Arising Out of PS.Case No. -161 Year- 2014 Thana -EKANGARSARAI District- NALANDA (BIHARSHARIFF) ====================================================== Satyendra Chauhan son of Ramji Chauhan resident of village - Piroja, Police Station - Ekangarsarai, District Nalanda. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Sadanand Paswan(Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

10-12-2015 Heard Sri Anil Kumar Singh, learned counsel for the petitioner and Sri Sadanand Paswan, learned Special P.P. The petitioner, who is in custody in Sessions Trial No. 183 of 2015 (arising out of Ekangarsarai P.S. Case No. 161 of 2014) registered for the offence under Sections 302/34 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, has prayed for grant of bail.

It was submitted by learned counsel for the petitioner that the petitioner is languishing in jail since 07-10-2014. Learned Special Public Prosecutor has opposed the prayer for bail. He submits that the petitioner is the main assailant and the case has already been committed to the court of sessions

Patna High Court Cr.Misc. No.52775 of 2015 (2) dt.10-12-2015 2/2 and trial has already commenced.

In view of the fact that the petitioner is the main assailant as well as the fact that trial has already commenced, there is no reason to extend the privilege of bail. The bail petition stands dismissed.

However, keeping in view the fact that the petitioner is in custody since 07-10-2014 and trial has already commenced, while dismissing this petition, it is desirable to observe that learned trial court may take step for early disposal of the case. Similarly, the prosecution is also directed to ensure production of witnesses, as and when required by the trial court. Let a copy of this order be sent to the concerned Superintendent of Police.

(Rakesh Kumar, J.) Anay U T