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
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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
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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
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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/
