Jay Mangal Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8255 of 2017 Arising Out of PS.Case No. -245 Year- 2000 Thana -SONEPUR District- SARAN ======================================================

1. Jay Mangal Sah, son of Late Ramgati Sah,

2. Kauleshwar Paswan, son of Late Khaderu Paswan, both residents of Village- Purvi Gadahi Sarai, P.S Hajipur, Sadar, District- Vaishali. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjay Mishra, Advocate For the Opposite Party/s : . Smt Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-03-2017 Heard learned counsel for the petitioners.

This is an application for bail in connection with Sonepur P.S.Case No. 245 of 2000 registered for the offences punishable under Section 47(A) of Excise Act. It has been submitted on behalf of the petitioners that this is misuse of privilege of bail. However, petitioners have remained in custody for three months and the misuse is of six years.

Heard learned APP also.

Having heard both sides and considering the fact that the case is at the stage of evidence, I am not inclined to grant bail to the petitioners at this stage.

However, learned trial court is directed to expedite

Patna High Court Cr.Misc. No.8255 of 2017 (3) dt.03-03-2017 2/2 and conclude the trial within a period of six months. If the trial is not concluded within the said period the petitioners may renew their prayer for bail before the court below itself, who will consider the same and pass an appropriate order, without being prejudiced by this order.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U