Devashish Verman @ Dewashis Verma v. The State Of Bihar

Patna High Court Cr.Misc. No.43677 of 2015 (3) dt.03-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43677 of 2015 Arising Out of PS.Case No. -169 Year- 2014 Thana -SONEPUR District- SARAN ======================================================

1. Devashish Verman @ Dewashis Verma son of Sitanath Berman, a resident of- Chakiyarsara, P.S.- Matha Bhangh, District- Kuch Bihar, (West Bengal) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Harish Kumar For the Opposite Party/s Mr. Anant Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 03.02.2016 I.A. no. 1896/2015 is taken up for hearing.

Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks provisional bail on the ground that his wife is suffering from liver cyorisis and she needs specialized treatment that is why she has been referred by the doctor to higher institution for better treatment but there is no one in the family of the petitioner to look after her and that is why petitioner seeks provisional bail so-that he could make arrangement for treatment of his wife but I am not at all convinced with the aforesaid submission and accordingly, prayer for provisional bail of the petitioner in connection with Sonepur P.S. Case no. 169/2014 arising out of NDPS case no. 11/2014 stands rejected.

However, it appears from the report of Addl. Sessions Judge

Patna High Court Cr.Misc. No.43677 of 2015 (3) dt.03-02-2016 I, Saran at Chapra that up till now, two prosecution witnesses could be examined and in spite of issuance of processes against prosecution witnesses, prosecution witnesses did not appear before the trial court. Since the trial of the petitioner has already been commenced, this petition for bail stands rejected.

Let a copy of this order be sent to Superintendent of Police, Saran at Chapra with direction to him to ensure the presence of remaining prosecution witnesses of Sonepur P.S. Case no. 169/2014 arising out of NDPS case no. 11/2014 before Addl. Sessions Judge I, Saran at Chapra/ concerned court within the period as directed by the trial court and furthermore, trial court is directed to send a fresh list of remaining prosecution witnesses with relevant processes to Superintendent of Police, Saran at Chapra so that Superintendent of Police may direct the concerned officials to execute the aforesaid processes within two weeks from the date of receipt of the processes along with list of witnesses and thereafter, learned court below should conclude the trial of the petitioner within six months from the date of issuance of processes as well as containing list of remaining prosecution witnesses, failing which petitioner may renew his prayer for bail before the learned trial court itself. shahid (Hemant Kumar Srivastava,J) U T