Dinesh Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.6061 of 2017 (3) dt.08-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6061 of 2017 Arising Out of PS.Case No. -12 Year- 2016 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Dinesh Sah, S/o- Pitamber Sah, R/o- Village-Gora Belwa, P.S.- Shanichari, District-West Champaran at Betiah. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Birendra Kumar Singh For the Opposite Party/s : Mr. Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 08.03.2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner was caught with huge counterfeit notes and was remanded in jail custody on 11.1.2016. Earlier prayer for bail of the petitioner was rejected by this court vide order dated 21.6.2016 passed in Cr. Misc. no. 25476/2016.

Trial court has reported that charge against the petitioner was framed on 6.12.2016 and nine proposed witnesses have been shown to be charge sheeted witnesses but not a single prosecution witness has been examined by the prosecution. In view of the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail and, again, his prayer for bail in connection with Session trial no. 540/2016 arising out of Majhaulia P.S. Case no. 12/2016 pending in the court of Addl. Sessions Judge V, Bettiah stands rejected.

Patna High Court Cr.Misc. No.6061 of 2017 (3) dt.08-03-2017 However, learned trial court is directed to conclude the trial of the petitioner within four months from the date of receipt/production of a copy of this order.

Let copy of this order be sent to Superintendent of Police, Bettiah with direction to him to ensure the presence of remaining prosecution witnesses before the concerned court without any delay and a copy of this order be also sent to Pubic Prosecutor, Bettiah so that he could make correspondence to S.P., Bettiah for ensuring the presence of the prosecution witnesses.

It is also made clear that if trial of the petitioner is not concluded within the above stated period of four months, petitioner may renew his payer for bail before the trial court itself. shahid (Hemant Kumar Srivastava,J) U T