Petitioner sought bail in murder case (Sessions Trial No.45 of 2016) where he was identified as a shooter. High Court, noting trial nearing conclusion, rejected bail application and directed expeditious trial completion.
Bail application rejected; trial completed within six months; spontaneous production of witnesses directed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4424 of 2019
Arising Out of PS. Case No.-443 Year-2014 Thana- LAKHISARAI District- Lakhisarai
======================================================
Raushan Singh @ Raushan Kumar Ballam Singh Resident of villageBabhangama, P.S and Distt.-Lakhisarai.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
| ============== Appearance : For the Petitioner For the State For the Informant ============== |
======================================== : Mr. Rama Kant Sharma, Sr. Advocate Mr. Lakshmi Kant Sharma, Advocate : Mr.Mukeshwar Dayal, APP : Mr. Jeetendra Narayan, Advocate Mr. Amit Narayan, Advocate ======================================== |
|---|---|
| CORAM: HONOU | RABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER |
4 03-04-2019
Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.
The petitioner seeks bail in Sessions Trial No.45 of 2016 arising out of Lakhisarai P.S. case No.443 of 2014 registered under Sections 302/34, 120B of the Indian Penal Code and 27 of the Arms Act, pending in the court of Additional District Judge 1st , Lakhisarai.
The earlier bail application of the petitioner was rejected vide Annexure 1 to the present application taking into account that the petitioner was identified during Test Identification Parade as being one of the shooters. This is the fourth attempt for grant of bail filed on behalf of the petitioner.
A report was called for from the trial Court. It has been reported that out of 13 witnesses 9 witnesses have already been
Patna High Court CR. MISC. No.4424 of 2019(4) dt.03-04-2019 2/2
examined and the trial is expected to be concluded within a period of six months.
Considering the nature of allegations, I am not inclined to grant bail to the petitioner. The same is rejected. The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of six months from the date of receipt/production of a copy of this order.
The District Magistrate, Lakhisarai and the Superintendent of Police, Lakhisarai are also directed to take necessary steps to produce the witnesses on the date fixed by the Trial Court so that the trial could be concluded within the stipulated period.
Let this order be communicated to the District Magistrate, Lakhisarai and the Superintendent of Police, Lakhisarai.
(Sudhir Singh, J)
Narendra/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner in a murder trial where he was identified as a shooter and trial is close to completion.
Raushan Singh @ Raushan Kumar Ballam Singh
The State Of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
