Patna High CourtCR. MISC./16571/2017rejected

Nathuni Sahani v. The State Of Bihar

2017-06-21Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16571 of 2017 Arising Out of PS.Case No. -243 Year- 2015 Thana -SAHEBGANJ District- MUZAFFARPUR ======================================================

1. Nathuni Sahani Son of Late Chhathu Sahani, Resident of VillageHussepur Dubandha, P.S.- Sahebganj, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Ranjan For the Opposite Party/s : Mr. Sri Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 21-06-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The trial court has reported that the bailable warrant of arrest against the prosecution witnesses has already been issued but uptil now, not a single prosecution witness has been examined. No doubt, petitioner is in jail custody since 22.09.2015 on the allegation that one rifle and three live cartridges were recovered from his possession but keeping in mind the criminal antecedent of the petitioner as well as stage of the trial, I do not feel it proper to release the petitioner on bail, hence his prayer for bail in connection with Sahebganj P.S.Case No. 243 of 2015, pending in the court of learned Judicial Magistrate 1st class, west Muzaffarpur stands rejected.

Patna High Court Cr.Misc. No.16571 of 2017 (3) dt.21-06-2017 2/2 However, the learned trial court is directed to conclude the trial of the petitioner within three months even by taking the trial of the petitioner on day to day basis. It is also made clear that if the trial of the petitioner is not concluded within the above stated period of three months, petitioner may renew his prayer for bail before the learned trial court itself.

Let a copy of this order be sent to Superintendent of Police, Muzaffarpur with a direction to ensure the presence of prosecution witnesses of Sahebganj P.S.Case No. 243 of 2015, before the court of learned Judicial Magistrate 1st class, West Muzaffarpur, failing which the matter shall be viewed seriously. (Hemant Kumar Srivastava, J) N.K/- U T