Shiv Shankar Sah @ Shankar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24948 of 2016 Arising Out of PS.Case No. -188 Year- 1997 Thana -PANDAUL District- MADHUBANI ====================================================== Shiv Shankar Sah @ Shankar Sah Son of Mushaharu Sah resident of village - Tetaraha, P.S. Pandaul, District - Madhubani .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate For the Opposite Party/s : Mr. A.Dayal , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 07-06-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Pandaul P.S.Case No. 188 of 1997 registered for the offences punishable under Sections 328 and 380 of the Indian Penal Code. It is a case of misuse of privilege of bail for about ten years. The petitioner was declared a permanent absconder and was arrested by the police on 1st April, 2016 and since then he is in jail.

Regard being had to the past conduct of the petitioner, I am not inclined to grant him bail for the present. Accordingly, the application for bail is rejected. While arguing the matter, it has been submitted by

Patna High Court Cr.Misc. No.24948 of 2016 (2) dt.07-06-2016 2/2 the learned counsel for the petitioner that though the case has been committed to the court of Sessions, charges have yet not been framed.

The learned 6th Additional District and Sessions Judge, Madhubani, before whom the matter is pending, is directed to frame the charges and proceed with the trial without any undue delay. In case, the trial is not concluded within one year from the date of framing of charge, the petitioner would be at liberty to renew his prayer for bail before the court below itself.

(Ashwani Kumar Singh, J.) ajaypd./- U T