Patna High CourtCR. MISC./41698/2015dismissed

Gautam Paswan v. The State Of Bihar

2016-09-02Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 41698 of 2015 Arising Out of PS.Case No. -121 Year- 2013 Thana -GURUA District- GAYA =========================================================== Gautam Paswan Son of Late Sarju Paswan, Resident of village- Rampur, Police Station- Gurua, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.

For the Opposite Party/s :

Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 02-09-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in Gurua P.S. Case No. 121 of 2013 dated 12.08.2013 instituted under Sections 304B/201/34 of the Indian Penal Code.

This is the second attempt of the petitioner for bail as earlier such prayer was rejected by order dated 21.08.2014 in Cr. Misc. No. 12894 of 2014.

Learned counsel for the petitioner submits that though there is nothing more to add on merits but the fact is that after the order of rejection dated 21.08.2014, no witness has been examined and the trial is still pending at the stage it was.

Patna High Court Cr.Misc. No.41698 of 2015 dt.02-09-2016 2/2 In the aforesaid circumstances, the Court finds that the petitioner is entitled for expeditious trial as he is in jail. Accordingly, the prayer for bail stands rejected. However, the Court below shall expedite the trial and conclude the same within nine months. The Senior Superintendent of Police, Gaya is also directed to ensure that the prosecution witnesses are produced before the trial Court on the dates fixed. It is made clear that if the order of the Court is not strictly complied with, this Court may take a strict view in the matter. Let the order be communicated to the Court below as well as the Senior Superintendent of Police, Gaya by Fax also latest by 6th September, 2016.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR NAFR CAV DATE N/A Uploading Date Transmission Date N/A