Patna High CourtCR. MISC./72822/2022dismissed

Rajesh Rajak v. The State Of Bihar

2023-03-15Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72822 of 2022 Arising Out of PS. Case No.-79 Year-2021 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Rajesh Rajak Son of Hareram Rajak R/o Village- Rachiyahi, Dhobi Tola, Ward No.7, P.S.- Muffasil (Singhaul O.P.), District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai, Advocate.

For the Opposite Party/s :

Mr.Md. Mushtaque Alam, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-03-2023 Heard Mr. Ram Sumiran Rai, learned counsel appearing on behalf of the petitioner and Mr. Md. Mushtaque Alam, learned APP appearing on behalf of the State.

2. Petitioner seeks bail in connection with Muffasil (Singhaul O.P.) P.S. Case No. 79 of 2021 registered under Sections 147, 148, 149, 341, 323, 504, 307, 325, 337, 338, 379 and 302 of the Indian Penal Code.

3. Petitioner had earlier moved before this court for grant of regular bail by filing Cr. Misc. No. 48160 of 2021 which was rejected by this Court vide order dated 07.04.2022. Petitioner has renewed his prayer for bail on mere submission that no progress in trial has taken place and petitioner is in custody since 07.02.2021.

Patna High Court CR. MISC. No.72822 of 2022(5) dt.15-03-2023 2/2

4. A report was called for from the court below with respect to the stage of the trial vide order dated 21.12.2022 and in compliance of the same, the Additional District and Sessions Judge-II, Begusarai vide Letter No. 09 dated 07.01.2023 has informed that case is pending for prosecution evidence and summons have already been issued against the witnesses and the next date was fixed on 21.01.2023 for prosecution evidence.

5. Considering slow pace of the trial, trial court is directed to fix the date of trial for examination of the witnesses and communicate the same to the Superintendent of Police, Begusarai who will ensure the production of the prosecution witnesses on the date fixed by the trial court. This Court expects that the trial should be conducted expeditiously.

6. Accordingly, the bail application stands disposed of.

(Purnendu Singh, J) Mantreshwar Aditya/- U T