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Patna High Court - Orders

Devendra Rai @ Darendra Kumar vs The State Of Bihar on 30 July, 2021

Author: Anjani Kumar Sharan

Bench: Anjani Kumar Sharan

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3776 of 2021
                       Arising Out of PS. Case No.-75 Year-2018 Thana- RIVILGANJ District- Saran
                 ======================================================
                 Devendra Rai @ Darendra Kumar Son of Late Dharmanath Prasad Yadav @
                 Dharmanath Prasad Rai Resident of Village- Jalalpur, P.S. Revilganj, District-
                 Saran.
                                                                              ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Mukesh Kumar Singh, Adv.
                 For the Opposite Party/s :       Mr. Ajay Kr. No. 2, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
                                       ORAL ORDER

4   30-07-2021

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through virtual court proceeding.

The petitioner seeks bail in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

In pursuance to the order dated 18.03.2021, status report of trial in connection with S.Tr. No. 434 of 2018 arising out of Rivilganj P.S. Case No. 75 of 2018 has been received and kept at Flag-B, in which it is stated that one of the accused Devendra Rai is not being produced in the court through video conferencing. A letter regarding production of Devendra Rai has been issued to District Jail, Chapra. In response, a letter from District Jail, Chapra has been received through which it is Patna High Court CR. MISC. No.3776 of 2021(4) dt.30-07-2021 2/2 informed that accused Devendra Rai is in District Jail, Samastipur and he is likely to be produced in the court through video conferencing on the date fixed on 09.07.2021. The time likely to conclude the trial is four months.

Considering the present stage of trial, I am not inclined to enlarge the petitioner on bail. Accordingly, his payer for bail is rejected in connection with S.Tr. No. 434 of 2018 arising out of Rivilganj P.S. Case No. 75 of 2018 pending before the court of the learned Additional Sessions Judge-X, Saran at Chapra.

Accordingly, the application is dismissed. However, Trial Court is directed to conclude the trial as expeditiously as possible within a period of six months from the date of initiation of normal physical proceeding and /or through Video Conferencing. Petitioner is also at liberty to renew his prayer for bail, if the trial is not concluded within the stipulated period as aforesaid.

(Anjani Kumar Sharan, J) devendra/-

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