Patna High CourtCR. MISC./1595/2020disposed

Shashi Kant Kumar @ Shashikant @ Shashi Kumar v. The State Of Bihar

2021-01-04Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1595 of 2020 Arising Out of PS. Case No.-194 Year-2016 Thana- BEUR District- Patna ====================================================== Shashi Kant Kumar @ Shashikant @ Shashi Kumar S/o Sri Shiv Nandan Prasad Resident of Mohalla- Buddhijeevi Colony 70 feet Road, Dashratha, P.S.- Beur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Chaudhary, Advocate For the Opposite Party/s :

Mr. Mukeshwar Dayal, APP For the Informant :

Mr. Sanjay Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-01-2021 Heard Mr. Ashok Chaudhary, learned Advocate for the petitioner and Mr. Sanjay Kumar Singh for the informant. The State is represented by Mr. Mukeshwar Dayal, learned APP for the State.

This Court had called for a report from the court below about the stage of the case by order dated 03.07.2020. The report indicates that out of eight prosecution witnesses, only two are left to be examined whereas six witnesses have already been examined. Learned counsel for the petitioner has pointed out that on two occasions, this Court had directed the trial court to conclude the trial within a stipulated time frame.

Till date, the trial has not been concluded.

Patna High Court CR. MISC. No.1595 of 2020(4) dt.04-01-2021 2/2 The prayer for bail though is being rejected for the present but the trial court is directed to conclude the trial positively within a period of three months, to be counted from today.

If the trial is not concluded within the aforesaid period, the petitioner would be at liberty to approach the trial court for grant of bail and in that event the trial court would be required to state the reasons for not concluding the same within the stipulated time frame even when only two witnesses were left to be examined and if the delay is not attributable to the petitioner, necessary decision shall be taken by the trial court. The petition stands disposed of.

(Ashutosh Kumar, J) krishna/- U T