Praveen Kumar @ Vikky @ Praveen Yadav @ Vikky Yadav Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Praveen Kumar @ Vikky @ Praveen Yadav @ Vikky Yadav Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

None presently; however, conditionally, if the trial is not concluded within nine months the petitioner will be entitled to file regular bail before the learned trial court itself.

Issue for consideration

Whether the petitioner's fifth regular bail application should be granted at this stage, given that the trial is progressing. +1 more

Court's answer

Because the trial is progressing, the Court declined to entertain the petitioner's fifth regular bail application, and the application stands rejected.

Ratio / Principle

The learned trial court is directed to conclude the trial within nine months from receipt/production of a copy of this order, avoiding unnecessary adjournments.

Key takeaways

If the trial is not concluded within the nine-month period, the petitioner will be entitled to file regular bail before the learned trial court itself.ratio¶18
If it is found that for no fault of the petitioner the trial could not be concluded, the trial court shall pass order in accordance with law without being influenced by the earlier rejection of his regular bail application by this Court.ratio¶18

Detailed headnote1 paragraphs

Bail - Regular bail, fifth attempt (Cr. Misc. No. 4503 of 2024, Patna High Court, decided 02-02-2024, Satyavrat Verma, J): Petitioner (in custody since 16.04.2019 in PS Case No. 57/2018, Mokama, Patna; charges framed 29.03.2023; five witnesses examined between 12.10.2023 and 08.01.2024, four remaining) sought regular bail. Court held that since the trial is progressing it was not inclined to entertain the application, and rejected it. Trial court directed to conclude the trial within nine months of receipt/production of the order without unnecessary adjournments; failing that, the petitioner becomes entitled to file regular bail before the trial court itself, and if the delay is for no fault of the petitioner, the trial court shall decide in accordance with law without being influenced by the earlier rejection by the High Court.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4503 of 2024

Arising Out of PS. Case No.-57 Year-2018 Thana- MOKAMAH District- Patna

======================================================

Praveen Kumar @ Vikky @ Praveen Yadav @ Vikky Yadav Son of Bhola Yadav Resident of Mor English, P.S. Mokama, District- Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Santosh Kumar Singh For the Opposite Party/s : Mr. Ram Sumiran Rai ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 02-02-2024

Heard the learned counsel for the petitioner and the learned APP for the State.

This is the fifth attempt of the petitioner to seek bail. The learned counsel for the petitioner fairly submits that charges were framed on 29.03.2023 and thereafter in between 12.10.2023 to 08.01.2024, five witnesses have been examined but still four more witnesses remains to be examined.

Since the trial is progressing, as such, the Court for the present is not inclined to entertain the regular bail application of the petitioner.

The bail application of the petitioner stands rejected.

The learned trial court shall make endeavours to ensure that without giving unnecessary adjournments the trial is concluded within a period of nine months from the date of receipt/production of a copy of this order. In the event if the trial is not concluded

Patna High Court CR. MISC. No.4503 of 2024(2) dt.02-02-2024 2/2

within a period of nine months from the date of receipt/production of a copy of this order in that event the petitioner will be entitled to file regular bail before the learned trial court itself and in the event if it is found that for no fault of the petitioner the trial could not be concluded in that event the learned trial court shall pass order in accordance with law without being influenced by the fact that the regular bail application of the petitioner has been rejected earlier by this Court as petitioner is in custody since 16.04.2019.

(Satyavrat Verma, J)

amit/- U T