Bauya Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78577 of 2019 Arising Out of PS. Case No.-12 Year-2007 Thana- NAWADA MUFFASIL District- Nawada ====================================================== BAUYA SINGH, aged about 29 years, Male, Son of Late Mishri Singh, Resident of Village - Dedaur, P.S.- Mufassil, Distt - Nawada. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Sinha For the Opposite Party/s :
Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-05-2020 Heard the learned counsel for the petitioner and the learned Additional P.P. for the State through video conferencing. The petitioner seeks bail in Mufassil (Nawada) P.S. Case No.12 of 2007, corresponding to Sessions Trial No.413 of 2017, registered under Sections 302, 364, 201, 109 and 120B of the Indian Penal Code.
The prayer for bail of the petitioner was twice rejected by this Court vide order passed in Cr. Misc. No.20755 of 2017 and Cr. Misc. No.24063 of 2018. On 21.06.2018, this Court rejected the prayer for bail of the petitioner with a direction to the trial court to conclude the trial within nine months. Learned counsel for the petitioner submits that the trial has not yet been concluded. Of course out of ten witnesses, nine witnesses have been examined but the I.O. of the case is yet to be
Patna High Court CR. MISC. No.78577 of 2019(3) dt.27-05-2020 2/2 examined. The petitioner is in jail since 02.08.2016, but it appears that the case is of the year 2007. All other accused persons except one were convicted. The petitioner was absconding for more than nine years. The petitioner was apprehended only in the year 2016. From the report of the learned Additional Sessions Judge, it appears that all the witnesses save and except the I.O. have already been examined and the trial is at its fag end. Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected.
The trial court is directed to conclude the trial within four months from the date of receipt of this order. The Superintendent of Police, Nawada is directed to produce the Investigating Officer of the case before the trial court within two months from the date of receipt of this order so that the trial must be concluded within four months.
Let a copy of this order be sent to the learned trial court as well as the Superintendent of Police, Nawada for information and needful.
(Prabhat Kumar Jha, J) S.KUMAR/- U T