Vijay Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48782 of 2014 Arising Out of PS.Case No. -33 Year- 2010 Thana -TANDWA District- AURANGABAD ======================================================

1. Vijay Kushwaha Son of Sri Rupdeo Mahto resident of village - Rampur, Police Station - Nabinagar, District - Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Usha Kumari-1 For the Opposite Party/s : Mr. R.S. Chaudhary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 20-02-2015 Heard learned counsel for the petitioner and the State. In this case, petitioner is seeking bail in Tandwa P.S.Case No. 33 of 2010 registered u/s 302, 307, 120A/34 IPC and 27 of the Arms Act.

Earlier petitioner had moved before this Court in Cr.Misc.No. 23535 of 2011 by this Court directed for disposal of the case within six months.

Counsel for the petitioner submits that petitioner is in custody since 6th April 2011. Allegation against the petitioner is that he is the sole assailant of the deceased. From the order-sheet of the court below it appears that only one witness, i.e. the I.O. is to be examined now.

Looking the stage of the case, this Court is not

Patna High Court Cr.Misc. No.48782 of 2014 (2) dt.20-02-2015 2/2 inclined to grant bail to the petitioner. This prayer for bail is rejected.

However, the trial court is directed to conclude the trial of the petitioner as soon as possible, preferably within six months from the date of receipt/production of copy of this order. In case of non-compliance of the trial, the court below will furnish the reason for the same.

If the trial is not concluded within the aforesaid period, petitioner will have liberty to approach this Court for bail. Jay/- (Shivaji Pandey, J) U T