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Patna High Court – Orders
Deepak Ram vs State Of Bihar on 17 March, 2011
              IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Cr.Misc. No.38676 of 2010
           DEEPAK RAM, son of Majetar Ram, resident of
           village Rajapur, P.S. Piro, District Bhojpur
                                  Versus
                              STATE OF BIHAR
                               -----------

3. 17.3.2011 Heard Mr. Baxi S.R.P.Sinha, learned

Senior counsel for the petitioner and the

learned counsel for the State.

The prayer for bail of the

petitioner was earlier rejected by an order

dated 5.10.2009 in Cr.Misc.No. 32841/2009

for the time being with a direction to the

trial court to ensure that the trial of the

petitioner is expedited and completed within

a period of one year.

Mr. Sinha, learned counsel for the

petitioner, would submit that though a

period of one year has already expired but

the trial of the petitioner has not yet come

to an end.

This Court had called for a report

from the trial court as to the present stage

of the trial and the time likely to be

consumed in concluding the trial. The report

dated 20th December, 2010 received from the

court below at Flag ‘A’ would reveal that

the prosecution had already examined seven
2

witnesses and the case was awaiting for

examination of the Investigating Officer

Bhagirath Thakur, who had since retired from

service. The court below has also indicated

in the report that the trial was likely to

be concluded within a period of four months,

i.e. 20th April, 2011.

Considering the aforementioned

aspects and particularly that the end of the

trial of the petitioner is well in sight,

this Court is not inclined to reconsider the

prayer for bail of the petitioner. The

prayer for bail of the petitioner is,

accordingly, rejected.

The trial court is hereby directed

to ensure that the trial of the petitioner

must be completed within the time frame as

indicated in its report dated 20.12.2010. At

the same time this Court would also direct

the Superintendent of Police, Bhojpur at

Arrah to ensure that the presence of the

said Sub Inspector Bhagirath Thakur is

obtained and his deposition in the pending

trial, S.Tr.No. 176/2009 arising out of Piro

P.S.Case No. 250/2008 is completed within a

period of one month from the date of receipt
3

of the order by him and the Superintendent

of Police if necessary will stop payment of

pension of Bhagirath Thakur, till his

deposition is completed in the

aforementioned trial. S.P., Bhojpur at Arrah

shall submit his action taken report to this

Court in this regard within a period of six

weeks.

The court below shall also submit

its report to this Court after concluding

the trial.

With the aforementioned

observations and directions this application

is disposed of.

Let a copy of this order be sent

not only to the court below, the trial

court, but also to the Superintendent of

Police, Bhojpur at Arrah for its strict

compliance.

(Mihir Kumar Jha,J.)

Surendra/


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