Rahul Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67483 of 2019 Arising Out of PS. Case No.-180 Year-2017 Thana- CHIRAIYA District- East Champaran ====================================================== RAHUL SINGH Son of Late Ram Rekha Singh, Resident of Village-Dumari Baiju, P.S.-Patahi, District-East Champaran.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Satyadeo Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-01-2020 Heard the parties.

The petitioner seeks bail in Trial No.1359 of 2019, arising out of Chiraiya P.S. Case No.180 of 2017 registered for the offence punishable under Section 386 of the Indian Penal Code.

Allegation against the petitioner is of demand of extortion of Rs.25 lacs from the informant.

Earlier the prayer for bail of the petitioner was rejected by order dated 09.10.2018 passed in Cr.Misc.No.36073 of 2018. The petitioner is also accused in seven other cases, in which, according to learned counsel for the petitioner, he is acquitted in one of the cases and in other cases, he is on bail. He is in custody since 27.07.2017.

Submission of learned counsel for the petitioner is

Patna High Court CR. MISC. No.67483 of 2019(3) dt.29-01-2020 2/2 that only on the basis of confession of co-accused he was made accused. Further submission is that co-accused, on whose confession, the petitioner has been made accused, has already been granted bail vide Cr.Misc.No.18141 of 2018 on 17.05.2018.

Heard learned Addl. Public Prosecutor.

Earlier, in this case a report was called for, which has been received. It is evident from the report that out of six witnesses, two witnesses have been examined and they have supported the prosecution case. The trial court is also taking steps for expeditious proceeding in the said trial. In view of the above facts, I am not inclined to enlarge the petitioner on bail at this stage. However, the trial court is directed to take appropriate steps on regular basis, so hat trial may be concluded within a period of five months. At the same time, the Superintendent of Police, East Champaran at Motihari is directed to ensure presence of witnesses on the date fixed by the trial court. The trial court as well as the Superintendent of Police is directed to send report to this Court regarding progress of the trial by 01.04.2020. (Vinod Kumar Sinha, J.) nawalkrs/- U T