Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31816 of 2011 ====================================================== Abhay Singh @ Abhay Kumar Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER (Per: HONOURABLE JUSTICE SMT. ANJANA PRAKASH) 03. 18.01.2012 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under [STATUTE] . The petitioner was refused bail by order dated 14.03.2011 since there was a direct allegation against him of having committed robbery. The prayer for bail has been renewed on the ground of undue delay in trial. A report was called for from the Trial Court and on perusal of which it appears that two witnesses have been examined uptill now and summons has been sent to the rest of the witnesses. The trial is also being delayed on account of non-production of the petitioner from Katihar Jail. Considering the same, I am not inclined to review the earlier order. The prayer for bail is once again rejected. The Trial Court is directed to send a list of witnesses fixing specific dates to the S.P. concerned along with the copy of this order who will ensure the attendance of the witnesses on the said dates so that there is no further delay in trial. It is made clear that the Trial Court will not refuse Patna High Court Cr.Misc. No.31816 of 2011 (3) dt.18-01-2012 2/2 examination of witnesses on the ground of non-production of the accused persons in view of Section 273 Cr.P.C. by which the Court can take evidence in the absence of the accused if his Advocate is present. Vikash/- (Anjana Prakash, J.)

Applicable IPC Section: 394

Statute Text:
Section 394 of the Indian Penal Code. Person voluntarily causing hurt in committing or attempting to commit robbery, or any other person jointly concerned in such robbery. If any person, in committing or in attempting to commit robbery, voluntarily causes hurt, such person, and any other person jointly concerned in committing or attempting to commit such robbery, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.