Dipak Rai @ Dipu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79330 of 2023 Arising Out of PS. Case No.-283 Year-2022 Thana- BASANTPUR District- Siwan ====================================================== Dipak Rai @ Dipu Rai S/O Harendra Ray @HARENDRA Rai R/O VillageBasantpur, P.S- Basantpur, Distt.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Adv Ms. Kumari Anupam, Adv For the Opposite Party/s :

Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-02-2024 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner has renewed his prayer for bail which was earlier rejected vide order dated 20.04.2023 passed in Cr. Misc. No. 1134 of 2023 with a direction to the learned Trial Court to expedite the trial and conclude the same at the earliest.

It is a case of commission of murder of the son of the informant.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.79330 of 2023(4) dt.16-02-2024 2/3 been implicated in this case. The petitioner is not named in the F.I.R nor any incriminating article was recovered from his possession. The petitioner was remanded in this case from another case on 16.07.2022 and since then he is in custody.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that during investigation, the independent witnesses have identified the petitioner in CCTV footage. The petitioner is veteran criminal and he has got criminal cases of similar nature against him. In pursuance to the direction of this Court, a report with regard to the present stage of the trial has been received and it has been kept at Flag-C. The report of learned Additional District & Sessions Judge-VIII, Siwan dated 18.01.2024 suggests that trial will be concluded within a period of one year.

Considering the fact that prayer for bail of the petitioner was earlier rejected since there was direct

Patna High Court CR. MISC. No.79330 of 2023(4) dt.16-02-2024 3/3 allegation against him, this Court is not inclined to take a different view in the matter for the present. Accordingly, the petition is disposed off with a direction to the learned Trial Court to expedite the trial and conclude the same within a period of six months from today.

The petitioner will be at liberty to renew his prayer for bail, if the trial is not concluded within a period of six months.

(Sunil Kumar Panwar, J) Shageer/- U T