Manikant Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74486 of 2019 Arising Out of PS. Case No.-138 Year-2015 Thana- MATIHANI District- Begusarai ====================================================== MANIKANT RAI Son of Ram Chandra Rai Resident of Shirniya Bishnupur, Police Station -Matihani, District -Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 12-06-2020 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 147/148/149/447/341/302 / 307/504 of the Indian Penal Code and Section 27 of the Arms Act.

Earlier also, petitioner had moved this Court for grant of regular bail which was rejected vide order dated 06.12.2018 passed in Cr. Misc. No.65026 of 2018 as contained in Annexue 1.

By order dated 29.01.2020, a report was called for from the court concerned regarding the stage of trial. The report of the court concerned has come which is marked as 'A' wherein

Patna High Court CR. MISC. No.74486 of 2019(4) dt.12-06-2020 2/2 it has been stated that the case is pending in the court at the stage of prosecution evidence, in which 14 prosecution witnesses have been examined till now.

It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. Petitioner has no criminal antecedent and he is in custody since 23.08.2018.

However, considering the fact that there is direct allegation of firing against the petitioner, I am not inclined to enlarge the petitioner on bail. Hence the prayer for bail of the petitioner is hereby rejected once again.

However, the court below is directed to expedite and conclude the trial within one year from the date of receipt of the order. If the trial is not concluded within one year, the petitioner would be at liberty to renew his prayer for bail. (S. Kumar, J) Sanjay/- U T