Vinod Kumar Singh @ Binod Kumar Singh @ Babu Sahab @ Pahalwan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1844 of 2023 Arising Out of PS. Case No.-56 Year-2021 Thana- BIDUPUR District- Vaishali ====================================================== Vinod Kumar Singh @ Binod Kumar Singh @ Babu Sahab @ Pahalwan, Son of Ashok Kumar Singh, Resident of Village- Maa Durga Nagar, Balu Kowri, Chaksakra, P.S.- Sadar Hajipur, District- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anuj Kumar, Advocate For the Opposite Party/s :
Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 22-02-2023 Heard Mr. Anuj Kumar, learned counsel appearing on behalf of the petitioner and Ms. Rina Sinha, learned APP for the State.
2. The petitioner seeks bail in connection with Bidupur P.S. Case No. 56 of 2021 for the offence punishable under Sections 395 of the Indian Penal Code. Later on, Section 412 IPC was added.
3. Learned counsel appearing on behalf of the petitioner submitted that the petitioner had earlier moved before this Court for grant of bail by filing Cr. Misc. No. 58853 of 2021, which was rejected vide order dated 27.04.2022. He further submitted that petitioner has renewed his prayer for grant of bail by filing the present bail application as no
Patna High Court CR. MISC. No.1844 of 2023(3) dt.22-02-2023 2/3 substantial progress has taken place in conduct of the trial. He further submitted that the name of the petitioner has surfaced on the basis of confessional statement of co-accused who has already been released on bail by a coordinate bench of this Court vide order dated 28.09.2022 passed in Cr. Misc. No. 63805 of 2021 (Annexure-3). He further submitted that petitioner's earlier bail application was rejected on the ground of criminal cases pending against him as mentioned in paragraph no. 3 of the present bail application.
4. Vide order dated 11.01.2023, a report regarding stage of trial was called for from the learned Addl. District & Sessions Judge-XII, Vaishali at Hajipur and in compliance of the same, learned Addl. District & Sessions Judge-XII, Vaishali at Hajipur has informed this Court vide Letter No. 31 dated 19.01.2023 that out of total nine chargesheeted witnesses, six are yet to be examined.
5. Considering the aforesaid report, the trial court is directed to conclude the trial expeditiously well within a period of twelve months and communicate each and every date fixed in the trial to the Superintendent of Police, Vaishali at Hajipur who must produce the prosecution witnesses on each date fixed by the trial court without fail.
6. With the above observation, the bail application
Patna High Court CR. MISC. No.1844 of 2023(3) dt.22-02-2023 3/3 stands disposed of.
7. The petitioner is at liberty to raise objection if for any valid reason, the witnesses are not produced before the trial court.
(Purnendu Singh, J) Mantreshwar aditya/- U