Ramesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13117 of 2017 Arising Out of PS.Case No. -38 Year- 2016 Thana -GHOSI District- JEHANABAD ======================================================

1. Ramesh Kumar, S/o Late Biranchi Prasad, Resident of Village- Arhit, Police Station- Ghoshi, District- Banka.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sunil Prasad For the Opposite Party/s : Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-04-2017 Heard the parties.

This application is for grant of bail in connection with Ghoshi (Okari O.P.) P.S.Case No.38 of 2016 for the offence under Sections 323, 307, 325 and 447 of the Indian Penal Code. It is submitted on behalf of the petitioner that this is the third attempt of the petitioner and on the last occasion, his bail application was rejected by this Court, vide order dated 16.11.2016 passed in Cr. Misc. No.45665 of 2016 with the following observations :

"...the trial court is directed to conclude the trial of the petitioner at an early date positively within a maximum period of three months from the date of receipt/production of a copy of this order." However, up-till-now, the case is pending for evidence of the Doctor and the I.O. The petitioner is in custody for about one year.

Patna High Court Cr.Misc. No.13117 of 2017 (3) dt.04-04-2017 2/3 Heard learned A.P.P. also.

Having heard both sides and from perusal of the record, it appears that in this case, a report was called for from the court concerned and the court concerned has submitted a report that this case is pending only for evidence of the Doctor and the I.O. and the next date is fixed on 07.04.2017 for evidence of the Doctor and the I.O.

Considering the aforesaid facts, the trial court is directed to conclude the trial within a period of one month and the S.P., Jehanabad is directed to ensure production of the Doctor and the I.O. in the court below on the next date fixed so that the trial may be concluded in time.

If the trial is not concluded within a period of one month or at least evidence is not concluded within the time-frame, the petitioner is at liberty to renew his prayer for bail before the court concerned itself, who will pass appropriate order favourably. With the above observation, this application is disposed of . A copy of this order be immediately sent to the court concerned as well as to the S.P., Jehanabad for its compliance. (Vinod Kumar Sinha, J) chn/- U

Patna High Court Cr.Misc. No.13117 of 2017 (3) dt.04-04-2017 3/3