Santosh Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.21675 of 2016 (3) dt.21-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21675 of 2016 Arising Out of PS.Case No. -293 Year- 2015 Thana -UDWANTNAGAR District- BHOJPUR ======================================================

1. Santosh Kumar Son of Sri Shiv Butan Singh Resident of Village- Jai Nagar, Police Station Udwant Nagar, District Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s Mr. Shailendra Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 21.09.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

From perusal of the report of learned court below, I find that trial of the petitioner has already commenced and two prosecution witnesses have already been examined and, therefore, taking note of recovery made from the conscious possession of the petitioner as well as present position of the trial of the petitioner, I am not inclined to release the petitioner on bail and his prayer for bail in connection with Udwant Nagar P.S. case no.293/2015, pending in the court of the Chief Judicial Magistrate, Bhojpur at Ara is, again, rejected. However, the learned trial court is directed to expedite the trial of the petitioner and conclude the same as early as possible, preferably, within four months from the date of receipt/production of a copy of this order and if the trial of the petitioner is not concluded within the above stated period due to laches on the part of prosecution,

Patna High Court Cr.Misc. No.21675 of 2016 (3) dt.21-09-2016 petitioner may renew his prayer for bail before the learned trial court itself.

Shahid (Hemant Kumar Srivastava,J) U T