Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4169 of 2015 Arising Out of PS.Case No. -209 Year- 2013 Thana -AGAMKUAN District- PATNA ======================================================

1. Sudhir Kumar Son of Sri Rajdev Singh, Resident of Kothia, P.S. - Didarganj, District - Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sarvesh Kumar Singh For the Opposite Party/s : Mr. Ram Chandra Sahni(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-01-2015 Heard Mr. Ranapratap Singh, learned senior counsel appearing on behalf of the petitioner, learned counsel for the informant as well as learned A.P.P. for the State. The prayer for bail of the petitioner was earlier rejected vide order dated 16.05.2014 passed in Cr. Misc. No. 5457 of 2014. Learned counsel for the petitioner submits that it is true that the prayer for bail of the petitioner was earlier rejected by this Court merely on the ground that the petitioner was found fleeing away from the place of occurrence. Except this fact there is not evidence of assault. The assailant is one Dhiraj Kumar who is said to have fired causing the death of the husband of the informant.

Be as it may, the case has already been

Patna High Court Cr.Misc. No.4169 of 2015 (2) dt.30-01-2015 2/2 committed to the court of Sessions. I am not inclined to enlarge the petitioner on bail. The prayer for bail is rejected. The learned Additional. Sessions Judge. Patna is directed to expedite the trial of S.T. No. 311 of 2014 and conclude the same within eight months from the date of receipt of a copy of this Order. Learned counsel for the informant is also present and submits that he is ready to produce all the private witnesses on day to day basis. It is submitted that the discharge petition of the petitioner is pending for the last eight months. Needless to say that the learned court below shall dispose of the discharge petition of the petitioner forthwith and thereafter commence the trial of S.T. No. 311 of 2014. However, if the trial is not concluded within the stipulated period the petitioner may renew his prayer for bail firstly before the trial court.

(Prabhat Kumar Jha, J) M.Rahman/- U T