Chandan Mahton v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7719 of 2015 Arising Out of PS.Case No. -162 Year- 2012 Thana -AGAMKUAN District- PATNA =========================================================== Chandan Mahton S/o Sri Prahlad Mahton resident of Mohalla - Chhoti Pahari, P.S. Alamganj, Distt. - Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 02-09-2016 Learned counsel for the petitioner and learned A.P.P. for the State are present.

The petitioner seeks bail in Agamkuan P.S. Case No. 162 of 2012 instituted under Sections 394/324/307/34 of the Indian Penal Code.

This is the second attempt of the petitioner for bail in as earlier such prayer was rejected by order dated 30.06.2014 in Cr. Misc. No. 9459 of 2014. However, the Court below was directed to expedite the trial and conclude the same within six months. Earlier by order dated 08.04.2016, a report was called from the Court below. The same has been received from the 7th Additional District and Sessions Judge, Patna City, Patna in which it has been stated that the earlier order of the Court dated 30.06.2014

Patna High Court Cr.Misc. No.7719 of 2015 dt.02-09-2016 2/2 passed in Cr. Misc. No. 9459 of 2014, was not placed in the records of the case. It has further been stated that out of three accused, as the others were not appearing, the trial has been bifurcated and time has been asked to be extended by six months for concluding the trial. In view of the aforesaid, granting the time asked by the Court below, it is directed to ensure that the trial is concluded by 31st January, 2017.

It is made clear that since this Court is granting more time what was asked for from the Court below, it shall be the duty of the Court below to ensure that the trial is concluded within the time fixed, by conducting it either on a day to day basis or fixing short dates.

Learned counsel for the petitioner has not been able to show any intervening circumstances after the order dated 30.06.2014 to make out a case for grant of bail to the petitioner. Accordingly, the prayer is rejected.

The order be communicated to the Court below through Fax also forthwith.

(Ahsanuddin Amanullah, J) P. Kumar AFR/NAFR NAFR CAV DATE N/A Uploading Date Transmission Date N/A