Bimal Kumar Rai @ Vimal Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66398 of 2019 Arising Out of PS. Case No.-12 Year-2001 Thana- SIKARHATTA District- Bhojpur ====================================================== BIMAL KUMAR RAI @ VIMAL KUMAR RAY S/o Jagarnath Rai Resident of Village- Bagar, P.S.- Sikarhata, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar, Advocate For the State :

Mr.Akhileshwar Dayal, APP For the Informant :

Mr. Patanjali Rishi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 24-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner in the present case is seeking regular bail in connection with Sikrahata P.S. Case No. 12/2001 registered under Sections 302/120B/34 of the Indian Penal Code and Section 27 of the Arms Act and Section 17 of C.L.A. Act, pending in the Court of learned C.J.M., Bhojpur at Ara. Learned counsel for the petitioner submits that though the petitioner is named in the First Information Report but he is not named as assailant in the case and those who are named and had allegedly resorted to firing have been granted regular bail. Learned counsel for the informant submits that this case is of the year 2001, the petitioner was absconding in the

Patna High Court CR. MISC. No.66398 of 2019(4) dt.24-01-2020 2/2 case and has recently surrendered on 18.04.2019. It is because of his absconding from the case, the trial of the case was arrested and could not be concluded within a reasonable time. Considering the facts and circumstances of the case wherein it is not in dispute that this case is of the year 2001 and for about 18 years the petitioner did not surrender, this court is not inclined to grant bail to the petitioner. Prayer for regular bail of the petitioner is, thus, refused.

The information received from the learned trial court shows that commitment in the case of the petitioner had already taken place now. Learned counsel for the petitioner has informed that the charges have already been framed in the matter.

Let the trial be expedited and the same be concluded as early as possible. The learned trial court shall not grant any unnecessary adjournment as the case is about 20 years old and must be given all priority.

This application stands disposed off accordingly. (Rajeev Ranjan Prasad, J) Rajeev/- U T