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Patna High CourtCR. MISC./23721/2016dismissed

Shankar Rai v. The State Of Bihar

2016-08-03Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23721 of 2016 Arising Out of PS.Case No. -118 Year- 2014 Thana -RAGHOPUR District- VAISHALI(HAJIPUR) ====================================================== Shankar Rai son of Nemdhari Rai, Resident of Village- Rustampur Tinpariya, P.S.- Raghopur (Rustampur), Dist- Vaishali. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Prasad Singh, Advocate. Mr. Anil Kumar, Advocate.

For the Informant : Mr. Prem Chandra Yadav, Advocate For the Opposite Party/s : Mr. Nityanand Tiwary, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 04.12.2014 in connection with Sessions Trial No. 456 of 2015 arising out of Raghopur P.S. Case No. 118 of 2014 pending in the Court of Sessions Judge, Vaishali at Hajipur, registered for offences under Sections 302/34, 307, 324 and 341 of the Indian Penal Code and 27 of the Arms Act.

Earlier the bail application of the petitioner was rejected vide Cr. Misc. No. 35359 of 2015 with observation to the Trial Court to conclude the trial preferably within a period of six months from the date of receipt/production of a copy of this order. In light of the aforesaid observation, the present application has been preferred renewing the prayer for bail.

Patna High Court Cr.Misc. No.23721 of 2016 (3) dt.03-08-2016 2/2 A report was called for from the Trial Court regarding the stage of the case, which is kept at flat 'A'. It has been reported that out of nine prosecution witnesses, four witnesses have already been examined.

Considering the aforesaid facts and circumstances, I am not inclined to release the above named petitioner on bail, the same is rejected.

Anyhow the Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of six months from the date of receipt/production of a copy of this order. The Superintendent of Police, Vaishali at Hajipur is directed to ensure the production of the remaining prosecution witnesses on the date fixed by the trial Court. Let a copy of this order be communicated to the Superintendent of Police, Vaishali at Hajipur. (Sudhir Singh, J) Prakash/- U T