Chetan @ Chetan Kumar Rai @ Chetan Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80831 of 2024 Arising Out of PS. Case No.-678 Year-2021 Thana- ARA NAGAR District- Bhojpur ====================================================== Chetan @ Chetan Kumar Rai @ Chetan Rai S/O- Late Panchanand Rai Resident of Village- Laxmi Charan Ka Hata PS- Ara Nawada, Dist-Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Narayan Mishra, Adv.
For the Opposite Party/s :
Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 27-01-2025 Heard the learned Advocate for the petitioner and the learned APP for the State.
2. The petitioner seeks regular bail, who is in custody in connection with Ara Town P.S. Case No. 678 of 2021, arising out of Sessions Trial No. 190 of 2022, registered for the offence punishable under Sections 120(B) and 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. This is the 4th attempt made on behalf of the petitioner, as earlier, the prayer for bail of the petitioner was turned down, taking note of the specific nature of accusation and the materials available on record.
4. While negating the prayer of the petitioner for bail on 26.04.2024, this Court has observed that the learned trial Court will take all necessary endeavours to conclude the trial, as
Patna High Court CR. MISC. No.80831 of 2024(3) dt.27-01-2025 2/3 early as possible, and if need be, the learned trial Court take up the matter on day to day basis or on priority basis, taking note of the urgency of the other matters and conclude the same to the earliest; keeping in mind that the petitioner has been in judicial custody since 04.10.2021.
5. It is the contention of the petitioner that despite having been incarcerated since 04.10.2021, till date, the trial has not been concluded and still the case has been fixed for recording of the statement of the co-accused under Section 313 Cr.P.C.
6. Learned Advocate for the State referring to the status report submits that there are altogether 13 accused persons, out of which the statement of 12 accused persons have already been recorded and the next date fixed in this case is 28.01.2025 for recording the statement of accused Dhanji Yadav under Section 313 Cr.P.C.
7. Considering the materials available on record and the facts that the trial is at the fag end, this Court is not acceded to the prayer of the petitioner for bail. However, if the same would not be concluded within a period of three months, the petitioner shall be at liberty to renew his prayer for bail.
8. It is expected that the learned trial Court shall take
Patna High Court CR. MISC. No.80831 of 2024(3) dt.27-01-2025 3/3 all the endeavours to conclude the trial, as early as possible.
9. Accordingly, the bail application stands dismissed. (Harish Kumar, J) shivank/- U T