Krishna Giri @ Krishna Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11828 of 2015 Arising Out of PS.Case No. -63 Year- 2008 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Krishna Giri @ Krishna Das Son of Late Kapildeo Das R/o Village Ramgarh Mohuawa, P.S. Pipra Kothi, District East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Ranjan For the Opposite Party/s : Mr. Navin Kumar Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 08-07-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The trial court has reported that four months more time is required to conclude the trial of the petitioner. No doubt, petitioner is in jail custody since long but allegedly, the present occurrence took place inside the premises of jail when the petitioner was lodged as under trial prisoner in jail. Furthermore, para-3 of the petition reveals that petitioner carries criminal antecedent of several cases, therefore, considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that petitioner is said to be assailant , I am not inclined to grant privilege of bail to the

Patna High Court Cr.Misc. No.11828 of 2015 (4) dt.08-07-2015 2/2 petitioner and accordingly, his prayer for bail in connection with session trial not 732 of 2011 arising out of Motihari Town P.S.Case No. 63 of 2008 pending in the court of 3rd Additional Session Judge, East Champaran is again rejected. However, the trial court is directed to conclude the trial of the petitioner within the time as framed by the learned trial court itself.

Let a copy of this order be sent to Superintendent of Police East Champaran, Motihari with direction to him to ensure the presence of remaining prosecution witnesses before the trial court within one month from the date of receipt/ production of copy of this order. It is made clear that if the trial of the petitioner is not concluded within the above stated period due to laches of the prosecution, the petitioner may renew his prayer for bail before the trial court itself.

(Hemant Kumar Srivastava, J) Namita/- U T