Held bail application rejected considering the nature of accusation and trial stage despite expected conclusion within six months; directed expedited trial and witness production.
Bail application rejected; trial directed to conclude within six months with necessary witness production.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9790 of 2019
Arising Out of PS. Case No.-130 Year-2018 Thana- DIGHA District- Patna
======================================================
Lalu Rai @ Lallu Rai Son of Dwarika Rai Resident of Village - Digha, Patepul, P.S. Digha, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner : Mr.Satyendra Prasad For the State : Mr.Zainul Abedin ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
3 03-07-2019
Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the informant.
The petitioner seeks bail in S.T. No.523 of 2018 arising out of Digha P.S. case No.130 of 2018 registered under Sections 302, 120(B)/34 of the Indian Penal Code and 27 of the Arms Act, pending in the court of Additional Sessions Judge VI, Patna.
The earlier bail application of the petitioner was rejected vide Annexure 1 to the present application taking into account that the petitioner is one of the assailants.
A report was called for from the court below regarding the stage of trial. It has been reported that the charge has been framed on 30.04.2019 and the trial is expected to be concluded within a period of six months.
Patna High Court CR. MISC. No.9790 of 2019(3) dt.03-07-2019 2/2
On behalf of the informant, it is submitted that three witnesses have already been examined in the case and the informant shall co-operate during the trial.
Considering the nature of accusation and the stage of the trial, 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, Patna and the Senior Superintendent of Police, Patna 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, Patna and the Senior Superintendent of Police, Patna.
(Sudhir Singh, J)
Narendra/-
1 issue framed by the court
Whether bail should be granted to the petitioner in a murder case where the trial is nearing conclusion.
2 provisions across 2 enactments
Lalu Rai @ Lallu Rai
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
