Ramadhar Manjhi v. The State Of Bihar

Patna High Court Cr.Misc. No.36285 of 2015 (3) dt.01-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36285 of 2015 Arising Out of PS.Case No. -86 Year- 2013 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ramadhar Manjhi Son of Budhu Manjhi Resident of village - Basmanpur, P.S. Muffasil, District - East Champaran .... .... Petitioner

Versus

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

For the Petitioner : Mr. Naresh Chandra Verma, Advocate For the Opposite Party : Mr. Surendra Pd.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is in custody in connection with Sessions Trial No. 453 of 2014 arising out of Motihari Muffasil P.S.Case No.86 of 2013 pending in the Court of 4th Additional Sessions Judge, Motihari, East Champaran registered for an offence under Sections 302/34 of the IPC.

The earlier bail application of the petitioner was rejected vide Cr.Mics.No.35754 of 2014 dated 25.09.2014. This is the second attempt for grant of regular bail on behalf of the petitioner. Petitioner is in custody since 23.03.2013. Petitioner has got no criminal antecedent.

A report regarding the stage of the case was called for

Patna High Court Cr.Misc. No.36285 of 2015 (3) dt.01-08-2016 from the trial Court, the same is kept at flag-'A'. As per the report of the trial Court, the charge has already been framed and summons have been issued upon the witnesses. None of the witnesses has been produced by the prosecution for recording evidence.

Considering the fact that there is main allegation against this petitioner, I am not inclined to grant bail to the petitioner, the same is rejected.

Anyhow, the trial Court is directed to take all necessary steps to conclude the trial preferably within a period of one year from the date of receipt/production of a copy of this order. Let a coy of this order be communicated to the Superintendent of Police, Motihari, East Champaran so that the necessary steps be taken on his part to ensure that the prosecution witnesses are produced in the court below on the date fixed by the trial Court.

(Sudhir Singh, J) B.Kr./- U T