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Patna High CourtCR. MISC./41423/2015dismissed

Avinash Kumar Singh @ Avinash Singh And ANR. v. The State Of Bihar

2016-07-11Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41423 of 2015 Arising Out of P.S. Case No.12 Year- 2014 Thana -Fanehra District- EAST CHAMPARAN (MOTIHARI) ======================================================

1. Avinash Kumar Singh @ Avinash Singh, S/o Shri Nand Kishore Singh

2. Madhurendra Singh @ Guddu, s/o Shri Raj Kishore Singh, Both resident of Village- Delahi Sarai, P.S. Madhuban, District- East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sarvesh Kumar Singh, Adv. For the State : Mr. Ahmad Ali, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 11-07-2016 Heard learned Counsel for the Petitioners and the State. The Petitioners were refused bail by the order dated 19.12.2014 passed by this Court in Cr. Misc. 50867 of 2014. In view of the Trial Court report that all witnesses have been examined. It appears that the application has become infructuous.

However, the learned counsel for the Petitioner submits that the Trial has not concluded on account of non appearance of some of the accused persons. The Trial Court in such circumstances is directed to take effective steps to either ensure that the co-accused persons appear or bifurcate the trial so that the trial of the Petitioners comes to an end.

Patna High Court Cr.Misc. No.41423 of 2015 (5) dt.11-07-2016 2/2 With the aforesaid observation, the application stands disposed off.

Let this order be communicated to the 9th Additional District & Sessions Judge, East Champaran Motihari, in connection with Sessions Trial No. 128 of 2015 arising out of Fanehra P.S. Case No. 12 of 2014.

(Anjana Prakash, J) S.Ali/- U T