Vikram Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.14689 of 2015 (3) dt.11-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14689 of 2015 Arising Out of PS.Case No. -150 Year- 2014 Thana -KASIMBAZAR District- MUNGER ====================================================== Vikram Kumar S/o Late Dayanand Yadav @ Pravesh Yadav Resident of Village Kamarganj, P.S. Sultanganj, District Bhagalpur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Kamal Kishore Jha, Advocate. For the State : Mr. Binod Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 11-08-2015 Heard learned counsel for the petitioner and learned counsel for the informant as well as learned counsel for the State. The petitioner has been arrested in connection with S.T. No. 52 2015 arising out of Kasim Bazar P.S. Case No. 150 of 2014 registered under Sections 364, 120(B), 379 and 34 of Indian Penal Code. Later on, Section 302 and 201 of Indian Penal Code was added.

This is a case of ghastly murder of two persons. The petitioner has not named in the First Information Report, though, it is submitted that victim was seen along with five accused persons. However, after the occurrence, motorcycle of the victim was found in the premises of the petitioner. Though, defence has been set up that accused persons after committing murder concealed the motorcycle of the victim in the house of the petitioner and threatened him not to disclose any one about concealment of motorcycle. However, fact remained that motorcycle has been recovered from the house of the petitioner. Learned counsel for the informant however, opposed the

Patna High Court Cr.Misc. No.14689 of 2015 (3) dt.11-08-2015 prayer for bail and submits that the case is at the stage of trial after framing of the charge. One witness has already been examined. Further, he ensures that he will procure the attendance of the witnesses in the trial so the case can be disposed of within six months.

Hence, I am not inclined to grant bail to the petitioner at this stage. However, the trial court is directed to expedite the trial for early disposal and proceed with the trial on day to day basis and informant shall produce witnesses. However, if witnesses not produce in time, then trial court shall take coercive step for attendance of the witnesses through the concerned S.P. Further, the concerned S.P. shall cooperate for attendance of the witnesses so that trial shall be conducted within six months. However, if the trial will not conclude within six months, then petitioner may renew his prayer for bail.

m.p.

(Gopal Prasad, J) U T