Rajendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66766 of 2022 Arising Out of PS. Case No.-28 Year-2021 Thana- FESHAR District- Aurangabad ====================================================== RAJENDRA RAM Son of Late Laxmi Narayan Ram R/v- Dewariya Kala, Tola Tatvirganj, P.S. Fesar (Phesar), District- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ram Sumiran Rai, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 147, 148, 149, 427, 302, 307, 506 and 504 of the Indian Penal Code. Learned counsel submits that this is the third attempt of the petitioner to seek bail as earlier his bail was rejected by Order Dated 28.02.2022 in Cr. Misc. No. 56474 of 2021 and thereafter by Order Dated 07.09.2022 in Cr. Misc. No. 47339 of 2022. Learned counsel submits that by Order Dated 07.09.2022 in Cr. Misc. No. 47339 of 2022, liberty was granted to the petitioner to renew his prayer for bail

Patna High Court CR. MISC. No.66766 of 2022(2) dt.30-11-2022 2/3 after framing of charge-sheet. Learned counsel further submits that the charges were framed against the petitioner in the month of February 2022 itself but the said relevant fact could not be brought to the notice of the Court when the case was taken up on 07.09.2022, it is next submitted that since charges have been framed and liberty was granted to the petitioner, as such, the petitioner be released on bail. Learned A.P.P. opposes the bail application and submits that since the charges stood framed in February 2022 itself as submitted by the learned counsel for the petitioner, had the said fact been brought to the notice of the Court when the matter was taken up on 07.09.2022, perhaps the consideration would have been different.

Learned counsel at this stage submits that after framing of charge two witnesses have already been examined.

Considering the submission made by the learned A.P.P. the Court is not inclined to release the petitioner on bail, however, if the trial is not concluded within a period of 9 months from the date receipt production of a copy of this

Patna High Court CR. MISC. No.66766 of 2022(2) dt.30-11-2022 3/3 order, the petitioner will be at liberty to renew his prayer for bail before the learned trial Court itself.

Further, if the learned trial Court comes to a conclusion that for no fault of the petitioner the trial could not be concluded, he shall be released on bail.

(Satyavrat Verma, J) GauravSinha/- U T