Guddu Gope v. The State Of Bihar
Patna High Court Cr.Misc. No.35620 of 2014 (3) dt.02-09-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35620 of 2014 Arising Out of PS.Case No. -176 Year- 2012 Thana -SULTANGANJ District- PATNA ====================================================== Guddu Gope Son of Bishwanath Yadav Resident of Moh. Tikiya Toli, Chai Tola, P.S.- Pirbahore, District- Patna .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Kamlesh Prasad Yadav, Advocate. For the State : Mr. Murlidhar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 02-09-2015 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner has been arrested in connection with Sultanganj P.S. Case no. 176 of 2012 registered under Sections 307/34 of Indian Penal Code as well as Section 3/4 of Explosive Substance Act and Section 27 of the Arms Act. Later on, Sections 302/120B of Indian Penal Code was added.
It is submitted that the name of the petitioner has not been find place in the F.I.R. Though, the father of the victim stated that he learnt that the petitioner along with four unknown persons hurled bomb upon the victim but one Ranjit Kumar who claimed to be eye witness to the occurrence has named the petitioner to have hurled bomb.
Learned counsel for the petitioner submits that name of the petitioner has come after two days of the occurrence on 30.11.2012. However, the occurrence took place on 28.11.2012 and F.I.R. has been lodged on the basis of written report on
Patna High Court Cr.Misc. No.35620 of 2014 (3) dt.02-09-2015 30.11.2012 and delay has been explained to have caused for engagement of the family member in treatment of the victim. A report has been called for which has been received. It has been reported that case has been committed to the Court of Sessions and the case record has been sent to the court of Sessions Judge vide letter no. 263/14 dated 07.06.2014. Having regard to the fact, the case has been committed to the Court of Sessions, hence, the trial court is directed to expedite the trial for early disposal of the case preferably within a period of six months by taking coercive steps. Further, the Superintendent of Police, Patna, is directed to ensure the attendance of the witnesses on the date fixed and trial court is directed to proceed with the trial on day to day basis for early disposal of the case preferably within a period of six months.
With this above observation, the bail petition is disposed of.
However, if the trial will not conclude within six months, the petitioner may renew his prayer for bail. m.p.
(Gopal Prasad, J) U T