Banty Kumar @ Sanjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8523 of 2019 Arising Out of PS. Case No.-229 Year-2017 Thana- AIRPORT District- Patna ====================================================== Banty Kumar @ Sanjeet Kumar S/o Surendra Kumar R/o Sultanpur Near Math, P.S. Danapur, District Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-07-2019 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner seeks bail in Hawai Adda P.S. case No.229 of 2017 registered under Sections 398, 302 of the Indian Penal Code, pending in the court of A.D.J. IV, Patna. The earlier bail application of the petitioner was rejected vide Annexure 1 to the present application taking into account that it is a case of dacoity-cum-murder. In CCTV footage, the petitioner was seen fleeing away, which is evident from paragraphs 171 and 207 of the case diary. A report was called for from the court below regarding the stage of trial. It has been reported that out of 15 witnesses 2 witnesses have already been examined and against rest process has been issued and the trial is expected to be

Patna High Court CR. MISC. No.8523 of 2019(3) dt.17-07-2019 2/2 concluded within a period of nine months.

Considering the nature of accusation and the stage of the trial, I am not inclined to grant bail to the petitioner. The same is rejected.

Counsel for the informant undertakes that the informant will co-operate during trial and will ensure that the prosecution witnesses are produced on the date fixed by the trial court.

The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of nine months from the date of receipt/production of a copy of this order. The District Magistrate, Patna and the Senior Superintendent of Police, Patna are also directed to take necessary steps to produce the witnesses on the date fixed by the Trial Court so that the trial could be concluded within the stipulated period.

Let this order be communicated to the District Magistrate, Patna and the Senior Superintendent of Police, Patna.

(Sudhir Singh, J) Narendra/- U T