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Patna High CourtCR. MISC./82397/2024bail rejected

Bijendra Singh v. The State Of Bihar

2025-02-12Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82397 of 2024 Arising Out of PS. Case No.-19 Year-2016 Thana- CHANDI District- Bhojpur ====================================================== Bijendra Singh Son of Late Sobhan Singh Resident of Village - Salempur, P.S. - Chandi, District - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Adv.

Mr.Raj Narayan Mishra, Adv.

For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with S.TR. No. 453/16 arising out of Chandi P.S. Case No. 19 of 2016 dated 16.02.2016 lodged under Sections 147, 342, 323, 307 and 302 of the I.P.C. and Section 27 of the Arms Act.

3. Learned counsel for the petitioner submits that the petitioner has moved before this court fourth time and his bail application was earlier rejected thrice vide orders dated 23.03.2017, 16.01.2019 & 16.04.2024 passed in Cr. Misc. Nos. 13366 of 2017, 585 of 2019 & 77725 of 2023 respectively.

4. Counsel for the petitioner submits that while rejecting the prayer for bail of the petitioner, he was granted liberty to renew his prayer of bail after six months and the Trial Court was directed to concluded the trial within six months at any cost. But in the report, it has come that out of eight charge-sheeted witness, six

Patna High Court CR. MISC. No.82397 of 2024(3) dt.12-02-2025 2/2 witnesses have been examined and one witness is yet to be examined by the prosecution while one witness has been died. Counsel for the petitioner further submits that inspite of the specific direction of the court, the trial has not been concluded. The petitioner is in custody since more than about eight years i.e. 19.05.2016.

5. Learned counsel for the State opposes the prayer for bail.

6. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner, the bail application of the petitioner is hereby rejected.

7. The Trial Court is directed to conclude the trial within four months.

8. However, the Superintendent of Police, Bhojpur is directed to instruct the S.H.O./ I.O. of this case to produce the rest witnesses of this case within stipulated period of time not more than three months, otherwise the trial court will close the evidence and conclude the trial on the basis of available material. (Dr. Anshuman, J) Gautam/- U T