Patna High CourtCR. MISC./15394/2016rejected

Deepak Kumar v. The State Of Bihar

2016-08-03Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15394 of 2016 Arising Out of PS.Case No. -175 Year- 2015 Thana -MAKHDUMPUR District- JEHANABAD ====================================================== Deepak Kumar, son of Shyam Kishore Sharma, resident of Village- Umta, P.S. Makhdumpur, District- Jehanabad.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Mukesh Kr.Singh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03-08-2016 Heard learned counsel for the petitioner and learned Additional P.P. for the State.

The learned trial court has reported that the case of the petitioner could not be committed to the court of session due to non-cooperation of the other accused, who are enjoying the privilege of bail. There is a specific allegation against the petitioner that he opened fire on informant causing fire arm injury to him.

Therefore, again I am not inclined to release the petitioner on bail. Hence, his prayer for bail in connection with Makhdumpur P.S.Case No. 175 of 2015 is again rejected. However, learned Chief Judicial Magistrate, Jehanabad/concerned court is directed to commit the case of the

Patna High Court Cr.Misc. No.15394 of 2016 (3) dt.03-08-2016 petitioner to the court of session in accordance with law within two weeks from the date of receipt/production of a copy of this order, even by separating the case of other accused from the case of the petitioner and after commitment, the Sessions Court shall expedite the trial of the petitioner and try to conclude the same as early as possible, preferably within six months from the date of receipt of record in Sessions Court. However, it is made clear that if the trial of the petitioner is not concluded within the above stated period, the petitioner may renew his prayer for bail before the learned trial court itself.

(Hemant Kumar Srivastava, J) spal/- U