Krishna Prajapati v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8094 of 2020 Arising Out of PS. Case No.-9 Year-2017 Thana- AMBA District- Aurangabad ============================================== KRISHNA PRAJAPATI Son of Chanarik Prajapati Resident of Village - Narhar Amba Tola Kumhar Bigha, P.S.- Amba, District - Aurangabad (Bihar).

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Dubey For the Opposite Party/s :

Mr.Mohammad Sufyan ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-06-2020 Heard Mr. Vikramdeo Singh, learned counsel for the petitioner and Mr. Mohammad Sufyan, learned APP for the State.

The petitioner seeks bail in connection with Sessions Trial No. 399/2017/21/2018 arising out of Amba P.S. Case No. 9 of 2017 dated 23.09.20179 instituted for the offences under Sections 147, 148, 149, 341, 323, 307, 302, 504 and 506 of the Indian Penal Code.

The prayer for bail of the petitioner was earlier rejected on a number of occasions. However, on 28.11.2018, this Court took note of the fact that petitioner

Patna High Court CR. MISC. No.8094 of 2020(3) dt.09-06-2020 2/3 has remained in jail from 28.01.2017. Only one witness was left to be examined at that time.

Mr. Vikramdeo Singh, learned counsel for the petitioner has also drawn the attention of this Court to the fact that petitioner also received serious injuries in the occurrence. A direction was given by this Court vide order dated 28.11.2018 as referred to above, to conclude the trial within a period of six months failing which, the petitioner shall have the liberty to approach this Court again for grant of bail.

Again, on 21.08.2019, this Court granted four months' time to the Trial Court to conclude the Trial. Till date, the trial has not concluded.

This cannot go on forever. The Trial Court is directed to conclude the trial positively within a period of four months from today failing which, the petitioner would have the liberty to approach the Trial Court for grant of bail. The Trial Court shall in that case record its reason for not concluding the trial and if it is not possible to conclude the trial, would also consider releasing the petitioner on bail on

Patna High Court CR. MISC. No.8094 of 2020(3) dt.09-06-2020 3/3 taking sufficient sureties from him so that he appears in trial proceedings.

The petition stands disposed of with the above observation.

(Ashutosh Kumar, J) sunilkumar/- U T