Patna High CourtCR. MISC./6431/2022withdrawn

Jagdish Bhuiyan @ Jagdish Bharti v. The State Of Bihar

2022-10-21Mr. Justice Arun Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6431 of 2022 Arising Out of PS. Case No.-13 Year-2019 Thana- SUHAIL District- Gaya ====================================================== Jagdish Bhuiyan @ Jagdish Bharti, Son Of Godan Bhuiyan, R/O VillageSalaiya, P.S.- Sohail, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kunwar Narayan Jamuar, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 21-10-2022 Learned counsel for the petitioner and learned APP for the State through video conferencing.

It has been brought to my notice that vide order dated 17.03.2021 passed in Cr. Misc. No. 32126 of 2020 by a Coordinate Bench, the learned trial court was directed to expedite the trial. It has also been ordered that if the trial was not concluded within nine months, the petitioner Jagdish Bhuiyan would be at liberty to renew the prayer for bail before the court below itself. But from the perusal of record, it appears that the petitioner has not moved before the learned trial court in terms of direction contained in the order dated 17.03.2021. The learned counsel for the petitioner submits that the co-accused Ram Lal Bhuiyan has been granted bail by a Coordinate Bench of this Court vide order dated 01.08.2022

Patna High Court CR. MISC. No.6431 of 2022(3) dt.21-10-2022 2/2 passed in Cr. Misc. No. 10584 of 2022.

Since the petitioner has not moved before the learned trial court in terms of aforesaid direction, the learned counsel for the petitioner seeks permission to withdraw this petition with a liberty to move before the learned trial court and to raise all issues before it.

Accordingly, the petition is dismissed as withdrawn with the aforesaid liberty granted to the petitioner. (Arun Kumar Jha, J) balmukund/- U T