Raushan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15433 of 2018 Arising Out of PS.Case No. -443 Year- 2014 Thana -LAKHISARAI District- LAKHISARAI ====================================================== Raushan Singh S/o Ballam Singh, R/o Village- Babhangama, P.S.+ DistrictLakhisarai. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Lakshmi Kant Sharma, Advocate. For the State : Mr. Choubey Jawahar, A.P.P. For the Informant : Mr. Amit Narayan, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-05-2018 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. The petitioner is languishing in custody since 09.08.2014 in connection with S. Tr. No. 45/2016, arising out of Lakhisarai P.S. Case No. 443 of 2014 registered for the offence under Sections 302/34, 120(B) of the IPC and 27 of the Arms Act. The prosecution case, in brief, is that the petitioner and other miscreants killed the husband of the informant. This is third attempt for grant of bail on behalf of the petitioner.
Earlier the bail application of the petitioner was rejected on 17.08.2016 vide Cr. Misc. No. 35783 of 2015 and on
Patna High Court Cr.Misc. No.15433 of 2018 (3) dt.18-05-2018 2/3 22.03.2017 vide Cr. Misc. No. 3035 of 2017 taking into account that the petitioner was put on T.I.P. and was identified by the informant as one of the shooters. The petitioner has got criminal antecedent also. Many paragraphs of the case diary were also referred on behalf of the State where the witnesses have supported the prosecution case.
A report was called for from the court below regarding the stage of the case. It has been reported by the court below that out of 13 prosecution witnesses, 05 witnesses have already been examined and trial is expected to be concluded within a period of six months.
On behalf of the informant, it has been submitted that he will co-operate in the trial.
Considering the nature of allegation and the stage of the case, I am not inclined to grant bail to the petitioner. The same is rejected in connection with S. Tr. No. 45/2016, arising out of Lakhisarai P.S. Case No. 443 of 2014, pending in the court of learned Additional District Judge-I, Lakhisarai. The court below is directed to take all necessary steps to conclude the trial within a period of six months from the date of receipt/production of copy of this order.
The District Magistrate, Lakhisarai and the
Patna High Court Cr.Misc. No.15433 of 2018 (3) dt.18-05-2018 3/3 Superintendent of Police, Lakhisarai, are directed to ensure that the remaining prosecution witnesses are produced in the court below on the date fixed so that the trial could be concluded within the stipulated period.
Let a copy of this order be communicated to the District Magistrate, Lakhisarai and the Superintendent of Police, Lakhisarai.
U.K./- (Sudhir Singh, J) U T