Dharmendra Dubey @ Chandra Shekhar Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23650 of 2016 Arising Out of PS.Case No. -31 Year- 2011 Thana -BUXAR INDUSTRIAL District- BUXAR ======================================================

1. Dharmendra Dubey @ Chandra Shekhar Dubey son of Ram Kumar Dubey resident of village Bakulhar Kala, P.S. Patherwa, District - Kushinagar (U.P.).

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. Dilip Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 31-08-2016 Heard.

The trial court has reported that out of 18 prosecution witnesses only six witnesses have already been examined. No doubt, petitioner is in jail custody since 28.09.2011 and the name of petitioner surfaced in this case in course of investigation but petitioner does have criminal antecedent of series of cases and, therefore, in my view, he does not deserve privilege of bail and, again,` his prayer for bail in connection with Buxar (I) P.S.Case No. 31 of 2011, pending in the court of Additional Sessions Judge- VII, Buxar stands rejected. However, the trial court is directed to expedite the trial of the petitioner and try to conclude the same as early as

Patna High Court Cr.Misc. No.23650 of 2016 (3) dt.31-08-2016 2/2 possible even by taking trial of the petitioner on day to day basis. Let copy of this order be sent to Superintendent of police, Buxar with direction to him to ensure the presence of remaining prosecution witnesses of Session trial no 79 of 2012 before the trial court whenever their presence is required by the trial court. Any, failure on the part of prosecution as well as police officials shall be viewed seriously.

(Hemant Kumar Srivastava, J) N.K/- U T