Disposed¶28

Dipak Rai @ Dipu Rai v. The State of Bihar

Patna HC16 Feb 2024CR. MISC./79330/2023

Case brief

AI extract

What is this about?

Renewed regular bail application; murder of informant's son; Patna High Court Criminal Miscellaneous No.79330 of 2023; PS Case No. 283 of 2022, Thana Basantpur, District Siwan; earlier bail rejected 20.04.2023 in Cr. Misc. No. 1134 of 2023; petitioner in custody since remand 16.07.2022; not named in F.I.R; no incriminating article recovered; CCTV footage identification by independent witnesses; veteran criminal antecedents; trial expedition direction; six-month timeline for trial conclusion; liberty to renew bail; order dated 16-02-2024; Justice Sunil Kumar Panwar.

What did the court decide?

Bail declined; petition disposed of with a direction to the learned Trial Court to expedite the trial and conclude it within six months, with liberty to the petitioner to renew his bail prayer if the trial is not concluded within that period.

Dipak Rai @ Dipu Rai Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner's renewed prayer for regular bail should be granted in a case of commission of murder where his earlier bail application was already rejected.

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Court's answer

Since the petitioner's bail was earlier rejected on account of direct allegation against him, the Court is not inclined to take a different view in the matter for the present; the renewed bail prayer is declined.

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Ratio / Principle

The petition is disposed of with a direction to the learned Trial Court to expedite the trial and conclude the same within a period of six months.

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Key takeaways

The petitioner will be at liberty to renew his prayer for bail if the trial is not concluded within a period of six months.ratio¶29

Detailed headnote1 paragraphs

Patna High Court (Sunil Kumar Panwar, J.), by order dated 16-02-2024 in Criminal Miscellaneous No.79330 of 2023 (arising out of PS Case No. 283 of 2022, Thana Basantpur, District Siwan), declined a renewed prayer for bail in a case of murder of the informant's son. The petitioner's earlier bail application had been rejected on 20.04.2023 in Cr. Misc. No. 1134 of 2023 owing to direct allegation against him; he has been in custody since remand on 16.07.2022, claims he is not named in the F.I.R and that no incriminating article was recovered from him. The State opposed, stating independent witnesses identified the petitioner in CCTV footage during investigation and that he is a veteran criminal with similar cases against him. A report of the Additional District & Sessions Judge-VIII, Siwan dated 18.01.2024 indicated the trial would conclude within one year. The Court disposed of the petition directing the Trial Court to expedite and conclude the trial within six months, with liberty to renew the bail prayer if the trial is not concluded within that period.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.79330 of 2023

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Arising Out of PS. Case No.-283 Year-2022 Thana- BASANTPUR District- Siwan

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

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Dipak Rai @ Dipu Rai S/O Harendra Ray @HARENDRA Rai R/O VillageBasantpur, P.S- Basantpur, Distt.- Siwan.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr. Adv Ms. Kumari Anupam, Adv For the Opposite Party/s : Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

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4 16-02-2024

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Heard learned counsel for the petitioner and

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learned A.P.P appearing on behalf of the State.

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The petitioner has renewed his prayer for bail

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which was earlier rejected vide order dated 20.04.2023

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passed in Cr. Misc. No. 1134 of 2023 with a direction to the learned Trial Court to expedite the trial and conclude

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the same at the earliest.

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It is a case of commission of murder of the son

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of the informant.

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It is submitted by learned counsel for the

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petitioner that petitioner is innocent and he has falsely

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Patna High Court CR. MISC. No.79330 of 2023(4) dt.16-02-2024 2/3

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been implicated in this case. The petitioner is not named in the F.I.R nor any incriminating article was recovered from his possession. The petitioner was remanded in this case from another case on 16.07.2022 and since then he is in custody.

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In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that during investigation, the independent witnesses have identified the petitioner in CCTV footage. The petitioner is veteran criminal and he has got criminal cases of similar nature against him.

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In pursuance to the direction of this Court, a report with regard to the present stage of the trial has been received and it has been kept at Flag-C. The report of learned Additional District & Sessions Judge-VIII, Siwan dated 18.01.2024 suggests that trial will be concluded within a period of one year.

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Considering the fact that prayer for bail of the petitioner was earlier rejected since there was direct

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Patna High Court CR. MISC. No.79330 of 2023(4) dt.16-02-2024 3/3

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allegation against him, this Court is not inclined to take a different view in the matter for the present.

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Accordingly, the petition is disposed off with a direction to the learned Trial Court to expedite the trial and conclude the same within a period of six months from today.

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The petitioner will be at liberty to renew his prayer for bail, if the trial is not concluded within a period of six months.

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(Sunil Kumar Panwar, J)

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Shageer/-

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U T

Dipak Rai @ Dipu Rai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Dipak Rai @ Dipu Rai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

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