IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.16905 of 2011
Vidaya Nand Rai @ Vidya Nand Rai
Versus
The State Of Bihar
-----------
04. 03.08.2011. Heard.
I had passed a detailed order on
10.11.2008 dismissing the prayer for bail of
petitioner Vidaya Nand Rai in Cr.Misc.No.6106
of 2008. Facts and reasons are appearing in
that order and I do not want to reiterate the
same and considering those reasons, the
prayer is again dismissed, specially when the
learned trial Judge has reported that he
wanted to examine mainly the two doctors and
the investigating officer who have not
responded to the warrant of arrest bailable
against them.
Let the Superintendent of Police,
East Champaran, Motihari be directed to
depute an officer in the rank of Sub-
Inspector of Police to ensure the execution
of the warrant of arrest which shall be
issued afresh by the court below and which
shall be sent to the Superintendent of
Police, Motihari with a copy of the present
order for execution. The witnesses who are
2
desired to be examined by the 6th Additional
Sessions Judge, East Champaran, Motihari in
connection with Sessions Trial No.612 of 2009
as appears from his letter no.326 dated
06.07.2011 shall be produced in a week’s time
of issuance of the warrant of arrest. Even if
the date is not fixed when the witnesses are
produced in the court below, the court below
shall draw an order preponing the date and
proceed to examine the witnesses seeking the
representation of the accused from his
counsel or getting the accused produced who
may be in custody or the other alternative
could be that the witnesses should be ordered
to furnish Personal Recognizance of the value
of the bond as indicated in warrant of
arrest on that particular day on which they
are produced before the trial Court and will
be directed to appear and depose. The court
shall record the evidence of witnesses in a
maximum of two days on the day they are
produced before him and thereafter conclude
the trial after going through the other
legal formalities within the time frame fixed
by it, i.e., in six months which shall be
counted from the date of the production in or
3
receipt of the copy of the present order by
the court below.
Let a copy of the present order also
be transmitted to the Superintendent of
Police, East Champaran, Motihari for
information and needful.
In case, the trial is not concluded
by the trial court by delivering judgment
within time frame fixed by it, the court
shall admit the petitioner to bail on
execution of a bond to its own satisfaction
and simultaneously submit an explanation to
this Court for not concluding the trial.
B.Kr. ( Dharnidhar Jha,J.)