Patna High CourtCR. MISC./38117/2015dismissed

Arjun Das v. The State Of Bihar

2015-09-16Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38117 of 2015 Arising Out of PS.Case No. -92 Year- 2012 Thana -SABAUR District- BHAGALPUR ======================================================

1. Arjun Das son of Yugal Das, resident of village- Tatpur Ranga, P.S.- Sabour, District- Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manohar Prasad Singh For the Opposite Party/s : Mr. A.M.P.Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-09-2015 Heard both sides.

The petitioner seeks bail in a case under Section 302 and other sections of the Indian Penal Code and under section 27 of the Arms Act.

The petitioner is alleged to have fired causing the death of Kiran Devi and witnesses saw him fleeing away from the place of occurrence after firing.

Considering the nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

The prayer for bail of the petitioner was earlier rejected with a direction to the trial court to expedite the trial and conclude the same within four months. It appears from the report of learned

Patna High Court Cr.Misc. No.38117 of 2015 (3) dt.16-09-2015 2/2 4th Additional Sessions Judge that only three witnesses are to be examined and the learned 4th Additional Sessions Judge did not hold the trial on day to day basis.

The learned trial court is directed to hold the trial on day to day basis and conclude the same within three months from the date of receipt of this order. The Superintendent of Police, Bhagalpur is directed to ensure attendance of all the witnesses of Sabour P.S. case No. 92 of 2012 corresponding to Sessions Trial No. 174/ 13/ 387/13 in the court so that the trial must be concluded within the stipulated period. If the trial is not concluded within three months, the petitioner may renew his prayer for bail. (Prabhat Kumar Jha, J) BKS/- U T