Patna High CourtCR. MISC./68814/2019dismissed

Deepak Kumar v. The State Of Bihar

2020-01-29Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68814 of 2019 Arising Out of PS. Case No.-14 Year-2018 Thana- CHHATAUNI District- East Champaran ====================================================== DEEPAK KUMAR Son of Dinesh prasad, Resident of Village- Dhaka Road, P.S.- Chhatauni, District- Motihari, East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

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

The petitioner seeks bail in Sessions Trial No.533 of 2018, arising out of Chhatauni P.S. Case No.14 of 2018 registered for the offence punishable under Sections 302/120(B)/34 of the Indian Penal Code.

Earlier, twice the prayer for bail of the petitioner was rejected vide order dated 12.10.2018 passed in Cr.Misc.No.51683 of 2018 and order dated 11.04.2019 passed in Cr.Misc.No.32591 of 2019 considering the allegation of stabbing the deceased. It was observed that if there is no substantive progress made in the trial, the petitioner will be at liberty to renew his prayer for bail.

Submission of learned counsel for the petitioner is that only four witnesses have been examined in this case and

Patna High Court CR. MISC. No.68814 of 2019(3) dt.29-01-2020 2/2 they have not supported the prosecution case. The petitioner is in custody since 18.01.2018.

Earlier in this case, a report regarding stage of the trial was called for, which has been received. It is evident from the report that two defence witnesses have been examined till 07.11.2019 and, as such, progress of the trial is at the hands of the defence.

Be that as it may, in view of the above facts, I am not inclined to enlarge the petitioner on bail. However, considering the fact that the petitioner is in custody since 18.01.2018, the trial court is directed to expedite the trial, so that the trial may be concluded as early as possible.

(Vinod Kumar Sinha, J.) nawalkrs/- U T