Sanjeev Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13466 of 2023 Arising Out of PS. Case No.-102 Year-2021 Thana- DANIYAWAN District- Patna ====================================================== Sanjeev Kumar Son of Devendra Yadav @ Devindra Gope Resident of Mohalla - Habipura, P.S.- Sohsarai, District - Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Paty/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar No.1, Advocate For the Opposite Party/s :
Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-04-2023 Heard learned counsel appearing on behalf of the parties.
Present bail petition arises out of Daniyawan P.S. Case No. 102 of 2021, District- Patna.
Only reason, as advanced for granting bail to this petitioner on this second occasion, is that trial of the case not concluded within prescribed period of four months, as directed to conclude, while rejecting the prayer of bail of petitioner on earlier occasion vide order dated 05.09.2022 passed in Cr. Misc. No. 2910 of 2022 of this Court, where petitioner is in custody since 08.08.2021.
It appears from the report of the learned Trial Court as sent to this Court vide Letter No. 59 of 2023 dated 31.03.2023 that out of nine chargesheeted witnesses, four prosecution
Patna High Court CR. MISC. No.13466 of 2023(3) dt.05-04-2023 2/2 witnesses appeared, where prosecution witnesses PW 2, PW 3 and PW 4 were not cross-examined by the learned defence counsel and it is stated thereof that the petitioner intentionally delaying the trial.
Considering the fact, as petitioner himself is responsible for delaying the trial as per report dated 31.03.2023 of the learned Trial Court, no case of bail is made out on this score.
Accordingly, the prayer of bail is rejected herewith. Learned Trial Court is directed to conclude trial within six months as further six month time period was prayed through Letter dated 31.03.2023, to conclude the trial. (Chandra Shekhar Jha, J) pooja/- U T