Ritesh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17061 of 2014 Arising Out of PS.Case No. -110 Year- 2012 Thana -SULTANGANJ District- BHAGALPUR ====================================================== Ritesh Mandal S/o Saryug Mandal Resident of Village Nawada, P.S. Sultanganj, District Bhagalpur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Jha For the Opposite Party/s : Mr. Ajay Kr. Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 14-01-2015 Heard learned counsel for the parties.

Having regard to the fact that the petitioner is in custody for a period over two years in connection with an alleged offence under section 307 of the Indian Penal Code committed by him, this Court would direct the District and Sessions Judge, Bhagalpur to ensure that if the trial of the petitioner is not being taken up on account of the court remaining vacant, such trial should be transferred to a functioning court to ensure that the trial of the petitioner comes to an end within a period of nine months from the date of receipt of this order by the concerned trial court. In the event the trial of the petitioner is not concluded in the aforementioned period by the concerned transferee trial court, the petitioner will have the liberty first to move the trial court for grant of bail and the trial court will then record reasons for not

Patna High Court Cr.Misc. No.17061 of 2014 (2) dt.14-01-2015 concluding the trial, whereafter the petitioner will be at liberty to move this Court.

With the aforementioned observations, this application is disposed of.

(Mihir Kumar Jha, J) surendra/- U