Gulam Rabani @ Rinku v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71719 of 2022 Arising Out of PS. Case No.-416 Year-2020 Thana- BHAGWAN BAZAR District- Saran ====================================================== Gulam Rabani @ Rinku S/o Abdul Jawar Resident of Village- Daulatganj Mirchaiya Tola, P.S.- Bhagwanbazar, District- Saran At Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Naresh Chandra Verma, Advocate.

For the Opposite Party/s :

Mr.Ram Naresh Ray, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 18-01-2023 Heard Mr. Naresh Chandra Verma, learned counsel appearing on behalf of the petitioner and Mr. Ram Naresh Ray, learned APP for the State.

The petitioner seeks bail in connection with Bhagwan Bazar P.S. Case No. 416 of 2020 registered for the offence punishable under Sections 448, 341, 323, 354, 307, 504 and 506/34 of the Indian Penal Code. Later on Section 302 IPC was added.

Learned counsel appearing on behalf of the petitioner submitted that earlier prayer for bail of the petitioner was rejected by this Court vide order dated 09.02.2022 passed in Cr. Misc. No. 29615 of 2021 with observation to conclude the trial expeditiously and if so advised the petitioner may renew his prayer for bail, if no substantial progress takes place in the trial.

Patna High Court CR. MISC. No.71719 of 2022(3) dt.18-01-2023 2/3 It is submitted that only charge has been framed. This Court vide order dated 21.12.2022 had called for a report with respect to the stage of trial from the court of learned A.C.J.M.-I, Saran at Chapra and in compliance of the same, the Additional District and Sessions Judge-V, Saran at Chhapra has submitted a report contained in Letter No.01 dated 06.01.2023.

Learned counsel appearing on behalf of State submitted that the aforesaid report reveals that examination of prosecution witnesses has been fixed on 24.01.2023. Taking into consideration the serious nature of allegation against the petitioner, the petitioner does not deserve to be released on bail. Considering the observation made in the order dated 09.02.2022 passed in Cr. Misc. No. 29615 of 2021, the trial court is directed to conclude the trial expeditiously and to communicate each and every date fixed in the trial to the Superintendent of Police, Saran at Chhapra who must produce the prosecution witnesses on each date fixed by the trial court without fail.

With the above observation, the bail application stands disposed of.

The petitioner is at liberty to raise objection if for any

Patna High Court CR. MISC. No.71719 of 2022(3) dt.18-01-2023 3/3 valid reason, the witnesses are not produced before the trial court.

(Purnendu Singh, J) mantreshwar/- U