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Patna High CourtCR. MISC./26235/2015dfd for non appearance

Shashi Verma v. The State Of Bihar

2016-09-05Mr. Justice Ahsanuddin Amanullah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26235 of 2015 Arising Out of PS.Case No. -173 Year- 2013 Thana -MADANPURA District- AURANGABAD =========================================================== Shashi Verma Son of Dharamdeo Prasad resident of village- Murarpur, P.S.- Hilsa, District- Nalanda .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s with =========================================================== Criminal Miscellaneous No. 30537 of 2015 Arising Out of PS.Case No. -173 Year- 2013 Thana -MADANPURA District- AURANGABAD ===========================================================

1. Amit Sharma

2. Mukesh Sharma Both are sons of Punedev Sharma Resident of Village - Mau, P.S. - Tekari, District - Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate Mr. Amit Kumar, Advocate For the State : Mr. Manoj Kumar, APP Mr. Chandra Bhushan Prasad, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 11-01-2017 Heard learned counsel for the parties.

The petitioners seek bail in Madanpur P.S. Case No. of dated 28.10.2013 instituted under Sections 395/379/216A/412/120B of the Indian Penal Code as earlier such

Patna High Court Cr.Misc. No.26235 of 2015 dt.11-01-2017 2/3 prayer was rejected on 08.07.2014 in Cr. Misc. No. 19011 of 2014 and Cr. Misc. No. 19035 of 2014 respectively. A report was called from the Court below with regard to the position of the trial and the same has been received from the 1st Additional Sessions Judge, Aurangabad, according to which, it has been communicated that the trial could be concluded within six months. It is not known whether the same has been done. Since the trial Court itself has indicated that it shall try to conclude the trial, there is no reason to presume that the trial Court would not do so. In that view of the matter, the Court is not inclined to release the petitioners on bail since the trial may have been concluded or if not, should be on the verge of conclusion. The prayer is rejected.

Accordingly, the applications stand disposed off with a direction to the trial Court to conclude the trial within two months positively, if already not done.

The Court would like to indicate that the order is being passed on the basis of the report received from the trial Court itself under which extension of six months time was asked for. As the Court has now given more than sufficient time and beyond what was asked for, it is expected that the time limit fixed by this Court in the present order shall be strictly complied with.

Patna High Court Cr.Misc. No.26235 of 2015 dt.11-01-2017 3/3 The order be communicated to the Court below through Fax also latest by tomorrow.

(Ahsanuddin Amanullah, J) P. Kumar AFR/NAFR U T