Third bail application in a 2012 Begusarai case after two prior rejections. Report showed 9 of 12 witnesses examined. Bail again rejected, but trial court directed to conclude trial within five months, failing which petitioner may seek bail with reasons recorded.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14652 of 2023
Arising Out of PS. Case No.-68 Year-2012 Thana- BHAGWANPUR District- Begusarai
======================================================
Chotu Singh Son of Ram Uday Singh @ Uday Singh Resident of VillageHadipur, P.S.- Bachchwara, District- Begusarai
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sabal Kumar Jha, Adv. For the Opposite Party/s : Mr.Kumar Veerendra Narayan ======================================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
4 03-05-2023
The prayer for bail of the petitioner was twice rejected, the first time being on 04.06.2020 in Cr. Misc. No. 80022 of 2019. For the second time, the prayer was rejected on 09.02.2022 in Cr. Misc. No. 60645 of 2021.
While rejecting the prayer for bail of the petitioner for the second time, this Court had directed for expeditious conclusion of the trial.
The trial has not yet been concluded.
This Court then was constrained to ask for a
report from the court below vide orders dated 15.03.2023 and 05.04.2023.
The report has been sent by the court below which has been kept at Flag-’A’.
Patna High Court CR. MISC. No.14652 of 2023(4) dt.03-05-2023 2/2
It appears from the report that out of 12
charge-sheeted witnesses, 9 have already been examined and process has been set forth for examination for other witnesses.
It is thus expected that the trial shall be
concluded in the near future.
For the aforenoted stage of the case, I am not inclined to review the orders passed by this Court rejecting the prayer for bail.
The prayer is rejected again.
However, the trial court is directed to conclude
the trial positively within a period of five months from today, failing which the petitioner shall move the trial court for grant of bail and in that event, the trial court shall be under
an obligation to record reasons for not concluding the trial within the aforesaid period.
This petition stands disposed of accordingly.
(Ashutosh Kumar, J)
rishi/-
U T
1 issue framed by the court
Whether a third bail application should be granted where two prior bail prayers were rejected and the trial remains unconcluded despite directions for expedition.
Chotu Singh
The State of Bihar
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
