IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.35107 of 2010
LALBACHAN KHATIK son of late Thag Khatik,
resident of village Basgar Prasauni, P.S.-Bhairoganj,
District - West Champaran.
Versus
THE STATE OF BIHAR
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3. 24.2.2011. Heard Mr. Ravi Shankar Sahay, learned counsel for
the petitioner and Mr. Ajay Kumar Jha, learned Additional Public
Prosecutor.
The petitioner, who is in custody in connection with
S.Tr. No.112 of 2009 arising out of Chautarwa P.S. Case No.158 of
2005 for the offence under section 364A/34 of the Indian Penal
Code since 9.10.2006, has prayed for grant of bail on the ground that
one another co-accused almost on similar accusation has been
granted bail by this Court on 22.1.2010 vide Cr. Misc. No.39946 of
2009.
The petitioner himself has stated in paragraph-11 of
the petition that he was involved in other sixteen cases. In this case,
report was earlier called for regarding stage of the trial, which has
come and is kept at flag-A. From the report, it appears that charge
was framed on 23.2.2010 and despite direction issued by the court,
witnesses were not produced and the case is fixed for evidence.
Keeping in view the fact that the case is fixed for
evidence as well as the fact that the petitioner was accused in other
sixteen cases, the court is of the opinion that privilege of bail may
not be extended to the petitioner. In the case of co-accused Kamrul
Mian charge was framed in the year 2008.
2
Prayer for bail stands rejected.
Since the petitioner is in custody since 2006, it is
desirable to direct the court below to proceed with the case
expeditiously so that the case may come to its logical end without
any further delay.
The Superintendent of Police concerned is directed
to take all steps for ensuring production of the witnesses on the date
fixed by the trial court.
It is expected that the learned trial court will take all
steps for conclusion of the trial without any delay.
With the above observation and direction, the
petition stands rejected.
Md.S. ( Rakesh Kumar, J.)