Pintu Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12420 of 2017 Arising Out of PS.Case No. -250 Year- 2015 Thana -KHARAGPUR District- MUNGER ====================================================== Pintu Bind, son of Sudhin Bind, resident of Village- Gobadda, Police Station- Kharagpur, District- Munger.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjiv Kumar Singh, Advocate For the Opposite Party/s : Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-05-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Kharagpur P.S.Case No. 250 of 2015 registered for the offences punishable under Sections 302/34 of the Indian Penal Code. Petitioner is not named in the FIR and it appears that his name transpires during course of investigation. It has been submitted on behalf of the petitioner that petitioner is not named in the FIR but later on his name has been disclosed due to enmity and he is in custody for the last more than one year and nothing specific has been attributed to the petitioner. Heard learned APP also, who has opposed the prayer for bail stating that name of the petitioner transpires as one of the assailants during course of investigation.

Patna High Court Cr.Misc. No.12420 of 2017 (4) dt.03-05-2017 2/2 Earlier a report was called for from the court concerned and from the report it appears that the case is fixed for framing of charge and thereafter within six months the trial will be concluded.

Considering the above, I am not inclined to grant bail to the petitioner at this stage.

However, learned trial court is directed to expedite the trial and try to conclude the same within a period of nine months. If trial is not concluded within the said period, petitioner may renew his prayer for bail before the court concerned, who will pass appropriate order on the basis of materials available on record at that time and at the same time the Superintendent of Police, Munger is directed to ensure that the witnesses are present in court on the date fixed, so that the trial may be concluded within the said period.

This application is dismissed with the above observations.

(Vinod Kumar Sinha, J) spal/- U