Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44760 of 2014 Arising Out of PS.Case No. -409 Year- 2012 Thana -BARAUNI District- BEGUSARAI ====================================================== Sumit Kumar S/o late Ramfal Singh Resident of Village - Bihat Tola Ibrahimpur, P.S. - Barauni, District - Begusarai. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Binod Kumar, Adv For the Opposite Party/s : Mr. Duresh Nandan (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 27-08-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation against the petitioner for the offences punishable under Sections-353 and 307 of the Indian Penal Code and Section-25(1-B)A, 26 and 27 Arms Act and that the petitioner's earlier bail application had been rejected vide an order dated 07.10.2013 passed in Criminal Miscellaneous No. 15574 of 2013, directing the trial Court to conclude the trial of the petitioner within a period of six months but such trial has not been concluded and only one witness was examined till

Patna High Court Cr.Misc. No.44760 of 2014 (3) dt.27-08-2015 16.10.2014, this Court keeping in view of the period of custody of the petitioner being over two years and nine months, would still find it difficult to grant bail to the petitioner, keeping in view his chequered track of criminal record, inasmuch as, seven more criminal cases are said to be pending against the petitioner for various offences under Section 147, 148, 149, 302, 307, 323, 326, 380, 386, 389, 391, 392, 402, 427, 452/34 of the Indian Penal Code as well as under Section 25, 26, 27 and 35 of the Arms Act.

In that view of the matter, the prayer for bail of the petitioner is once again rejected.

This Court however would direct the Superintendent of Police, Begusarai to ensure that the witnesses required for disposal of the trial arising out of Barauni (F.C.I) P.S. Case No. 409 of 2012 giving rise to Sessions Trial No. 409 of 2013, must be produced witin a period of six months from the date of receipt of this order so that the trial of the petitioner is concluded

Patna High Court Cr.Misc. No.44760 of 2014 (3) dt.27-08-2015 within a period of nine months from the date of receipt of this order.

Let a copy of this order to sent to the trial Court as also to the Superintendent of Police, Begusarai for its compliance in the letter and spirit.

(Mihir Kumar Jha, J) Ranjan/- U T