Patna High CourtCR. MISC./32486/2018rejected

Ram Ayodhya Singh v. The State Of Bihar

2018-07-25Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32486 of 2018 Arising Out of PS.Case No. -186 Year- 2016 Thana -CHARPOKHARI District- BHOJPUR ======================================================

1. Ram Ayodhya Singh S/o Late Ram Dayal Singh, R/o Vill.- Englishpur, P.S.- Charapokhari , Distt.- Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh For the Opposite Party/s : Mr. Sri Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-07-2018 Heard both sides.

The petitioner seeks bail in Charapokhari P.S. case No. 186 of 2016, corresponding to Sessions Trial No. 279 of 2017 registered under Section 302/34 of the Indian Penal Code and under Section 27 of the Arms Act.

The learned counsel for the petitioner submits that prayer of petitioner for bail was earlier rejected vide order dated 10.04.2017 passed in Cr. Misc. No. 11623 of 2017. The charges were framed but till date not even a single witness has been examined. The petitioner is in jail since 30.09.2016 but it appears that there is specific allegation against the petitioner, Ram Ayodhya Singh, and Ajay Singh that they made indiscriminate firing killing Nishan Singh on the spot.

Patna High Court Cr.Misc. No.32486 of 2018 (2) dt.25-07-2018 2/2 Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly the same is rejected. The Trial court is directed to expedite the trial, hold the trial on day to day basis and conclude the same within one year from the date of receipt of this order.

The Superintendent of Police Bhojpur at Ara is directed to ensure the attendance of the prosecution witnesses of Charapokhari P.S. case No. 186 of 2016 in the Court of learned Additional Sessions Judge-VI, Bhojpur, Ara or any other Court in seisin of Session Trial No. 279 of 2017 so that the trial must be concluded within one year.

Let a copy of this order be sent to the learned Additional Sessions Judge-VI, Bhojpur, Ara and Superintendent of Police Bhojpur at Ara for information and needful. (Prabhat Kumar Jha, J) BKS/Rajan U T