Birendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49435 of 2015 Arising Out of PS.Case No. -95 Year- 2014 Thana -NAYAGAON District- SARAN ======================================================

1. Birendra Sah S/o Late Raja Sah village - Gopalpur, South Tola, P.S. Nayagaon, District - Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Kumar Mishra For the Opposite Party/s : Mr. M.Haque (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 27-01-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. No doubt, petitioner is in jail custody since 24.07.2014 but learned trial court has reported that charge against the petitioner was framed on 17.12.2015 and the summonses have already been issued to procure the attendance of prosecution witnesses.

Therefore, it is apparent that trial of the petitioner has already commenced.

In the aforesaid circumstance, I am not inclined to release the petitioner on bail and hence, his prayer for bail in connection with Sessions Trial No. 461 of 2015 arising out of Nayagaon P.S. Case No. 95 of 2014 pending in the court of 9th

Patna High Court Cr.Misc. No.49435 of 2015 (3) dt.27-01-2016 2/2 Additional Sessions Judge, Saran at Chapra is again rejected. However, learned trial court is directed to expedite the trial of the petitioner and try to conclude the same as early as possible, preferably within nine months from the date of receipt/production of a copy of this order.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T