Shankar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9997 of 2017 Arising Out of PS.Case No. -118 Year- 2014 Thana -RAGHOPUR District- VAISHALI(HAJIPUR) ====================================================== Shankar Rai Son of Nemdhari Rai, Resident of Village- Rustampur Tinpariya, P.S.- Raghopur (Rustampur), District- Vaishali. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-03-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 302/34, 307, 324, 341 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation against the accused persons including the petitioner is of forcefully using the land of the informant. Earlier the bail application of the petitioner was rejected vide Annexure-1 to the present application with direction to the trial court to conclude the trial preferably within a period of six months from the date of receipt/production of copy of this order.

A report was called for from the trial Court regarding the stage of the case. It has been reported that out of 09 prosecution witnesses, 06 witnesses have already been examined

Patna High Court Cr.Misc. No.9997 of 2017 (3) dt.29-03-2017 2/2 and the trial is expected to be concluded within a period of six months.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in connection with S. Tr. No.456 of 2015, arising out of Raghopur P.S. Case No. 118 of 2014, pending in the court of learned Sessions Judge, Vaishali at Hajipur.

The Trial court is directed to take all necessary steps to conclude the trial preferably within a period of six months from the date of receipt/production of copy of this order. The District Magistrate, Vaishali at Hajipur and the Superintendent of Police, Vaishali at Hajipur are directed to ensure that the remaining prosecution witnesses are produced in the court on the date fixed by the court below, so that the trial could be concluded within the stipulated period, as indicated by the court below.

Let a copy of this order be communicated to the District Magistrate, Vaishali at Hajipur and the Superintendent of Police, Vaishali at Hajipur.

(Sudhir Singh, J) Amit/- U T