Umesh Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.36899 of 2018 (3) dt.31-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36899 of 2018 Arising Out of PS.Case No. -84 Year- 2015 Thana -AGIAUN District- BHOJPUR ====================================================== Umesh Rai, S/o Late Rameshwar Rai @ Rameshwar Ray, R/o VillageBahadurpur, P.S.- Agiaon (G), District- Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. Sir Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 31-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 24.08.2015 in connection with Sessions Trial No. 87 of 2016 arising out of Agiaon (G) P.S. Case No. 84 of 2015 for the offence registered under Sections 147, 148, 149, 448, 324, 307 and 302 of the Indian Penal Code.

Learned counsel for the petitioner submits that considering the period of custody and though the charge has been framed in the year 2016 and the trial has not advanced, therefore, the petitioner may be granted bail.

Diary of the present case was called for which has since been received.

Patna High Court Cr.Misc. No.36899 of 2018 (3) dt.31-07-2018 Learned counsel for the State, after perusal of the case diary, submits that the main allegation is against the petitioner and therefore, the petitioner is not entitled to privilege of bail. Considering the aforesaid facts and circumstances of the case, the prayer for bail is rejected and the trial Court is directed to ensure that the trial of the present case be conducted on day-today basis and the same should be completed positively within a period of nine months from the date of receipt/production of a copy of this order.

(Anjana Mishra, J) Jagdish/- U T