Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10935 of 2023 Arising Out of PS. Case No.-361 Year-2021 Thana- MUFFASIL District- West Champaran ====================================================== GAUTAM KUMAR S/o Suresh Yadav R/o Village- Bagha Chowk, P.S.- Taraiya Sujan, Distt- Kushinagar (U.P.).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Kumar Gupta For the Opposite Party/s :

Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 15-03-2023 Heard the parties.

Earlier the prayer for bail of the petitioner was rejected on 23.05.2022. A part of the order dated 23.05.2022 reads as follows :- "The District Judge, Bettiah is directed to transfer all the cases in one Court and get the trial of the cases concluded within one year" It has been submitted by the learned counsel for the petitioner that most of cases registered against the petitioner are in the Uttar Pradesh and therefore, all the cases against the petitioner cannot be transferred to one Court in Bihar. Considering the aforesaid submissions of learned counsel for the petitioner, the direction in the earlier order to District Judge, Bettiah that "he will transfer all the cases in one Court and conclude the trial of the same within a year" is modified to the effect that "all the cases which are pending in

Patna High Court CR. MISC. No.10935 of 2023(2) dt.15-03-2023 2/2 the jurisdiction of the Court of West Champaran at Bettiah shall be transferred to one Court and get the trial of the petitioner expedited".

It has been submitted by the learned counsel for the petitioner that the trial of the petitioner is delayed by the prosecution.

The petitioner cannot be kept in custody without holding the trial and it is the duty of the prosecuting agencies to conclude the trial at the earliest.

The Superintendent of Police, West Champaran at Bettiah is directed to produce all the witnesses in the trial of the petitioner at the earliest.

The District Judge, Bettiah and the Superintendent of Police, West Champaran at Bettiah will take all steps for conclusion of trial of the petitioner within next six months. Let a copy of this order be communicated to the District Judge, Bettiah and the Superintendent of Police, West Champaran at Bettiah through FAX and e-Mail for its compliance forthwith.

(Sandeep Kumar, J) Vikas/Shishir U