The right to a speedy trial is a fundamental right guaranteed under Article 21 of the Constitution of India.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48932 of 2022

Arising Out of PS. Case No.-334 Year-2015 Thana- PIRPAINTI District- Bhagalpur

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Rajesh Rajak @ Rajesh Kumar Rajak S/O Kanhai Rajak Resident Of Village-

Bhakhanpur, P.S.- Pirpainti, District- Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr. Rajive Ranjan Singh, Advocate

For the Opposite Party/s :

Mr. Kalyan Shankar, A.P.P.

======================================================

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

ORAL ORDER

4

11-01-2023

Heard Mr. Rajive Ranjan Singh, learned counsel for

the petitioner and Mr. Kalyan Shankar, learned A.P.P. for the

State.

Petitioner, who is in custody since 05.03.2016, seeks

regular bail in connection with Sultanganj P.S. Case No. 67 of

2019 registered for offences punishable under Sections 304(B)

and 34 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner

submitted that the petitioner has approached this Court on four

occasions by filing Cr. Misc. No. 24154 of 2021 which was

rejected vide order dated 17.01.2022, Cr. Misc. No. 24179 of

2017 which was rejected vide order dated 07.07.2017 and Cr.

Misc. No. 58719 of 2018 which was rejected vide order dated

10.10.2018 and this Court was pleased to direct the petitioner

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for renewal of his prayer for bail in case the trial is not

concluded within the time fixed by the Trial Court.

In such circumstances, report was called for vide

order dated 23.11.2022 regarding trial from the Trial Court. It

has been informed that only one accused is to be examined

against whom process of non-bailable warrant under Section 82

Cr.P.C. and 83 Cr.P.C. has been issued and the case is still

pending for appearance of absent accused.

In view of the report, this Court has asked learned

counsel appearing on behalf of the petitioner as to whether the

absent accused namely, Bijay Rajak is connected with him in

any manner, to which he replied after verifying the record that

he is brother of the petitioner. He further submitted that

petitioner is in custody for nearly six years and ten months that

is from the date of arrest (05.03.2016). He further submitted that

petitioner is poor person and he has one daughter to be taken

care of as there is no one to look after her. The petitioner may be

sympathetically released on bail.

Considering the period of custody undergone by the

petitioner as well as the little child who is to be looked after and

who is in need of parent, this Court finds that trial has remained

pending for more than six years and to keep him behind the bar

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as an under trial infringes right granted under Article 21 of the

Constitution of India.

In the above facts and circumstances and taking into

consideration the period of custody undergone by the petitioner

and the trial is pending, the petitioner, above named, is directed

to be released on bail with a condition that after his release he

will file an affidavit giving the whereabouts of his brother

namely, Vijay Rajak, who is co-accused and for whose

examination the trial is still pending. Further on such terms and

conditions as fixed by the trial court. In case affidavit is not filed

within one week, the bail bond of the petitioner will be

cancelled.

The Trial Court must take appropriate action against the

absent accused.

Accordingly, the present bail application is disposed of.

Niraj/Nilmani

(Purnendu Singh, J)

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