Nawal Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84609 of 2023 Arising Out of PS. Case No.-50 Year-2021 Thana- PUNAURA District- Sitamarhi ====================================================== Nawal Sahni SON OF MR. LAKSHMI SAHNI R/O VILLAGEMADANPUR WARD NO. 4, P.S.- PARSAUNI, DIST.- SITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh,Adv.

For the Opposite Party/s :

Ms.Rina Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 23-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Punaura P.S. Case No. 50 of 2021 registered for the offences punishable under Section 364(a) of the Indian Penal Code in which chargesheet was submitted under sections 364(a), 302, 201, 120(B) of the Indian Penal Code.

3. As per prosecution case, the son of the informant was kidnapped and demand of Rs. 10 lakh was made by way of ransom.

4. Learned counsel for the petitioner submits that prayer for bail of the petitioner has been rejected twice by this

Patna High Court CR. MISC. No.84609 of 2023(3) dt.23-02-2024 2/3 Court vide Annexure- 1 and 2 of this bail petition and the trial is not concluded as yet. Petitioner is in custody since 23.03.2021 and delay of trail is not in any way attributable to the petitioner and trial is not likely to be concluded in the near future.

5. Learned A.P.P. vehemently opposes the prayer of bail and he has submitted that the prayer of bail of the petitioner has already been rejected twice and trial court report indicates that trial is yet to be concluded within three months. He further submits that in course of investigation the accused persons were arrested and the confessional statement of the five named accused persons including the present petitioner was recorded which led to recovery of the dead body of informant's son.

6. A report regarding stage of trial has been sought by this Court and in pursuance of the said direction, the trial court vide letter no. 03 of 2024 dated 05.01.2024 has sent its report in which the trial court has sought three month's time to conclude trial of the present case.

7. Considering the facts and circumstances of the case, and the bail of the present petitioner has been rejected on merit twice and argument advanced on the behalf of both sides as well as material available on record, I am not inclined to grant

Patna High Court CR. MISC. No.84609 of 2023(3) dt.23-02-2024 3/3 bail to the petitioner. Accordingly, bail of the present petitioner is hereby rejected.

8. However, trial court is directed to conclude the trial on day to day basis within two month from the date of receipt/production of copy of this order.

(Alok Kumar Pandey, J) asmit/- U T