Patna High CourtCR. MISC./16357/2020rejected

Budhu Manjhi v. The State Of Bihar

2020-07-03Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16357 of 2020 Arising Out of PS. Case No.-50 Year-2018 Thana- ISUAPUR District- Saran ====================================================== BUDHU MANJHI Son of Yogendra Manjhi, Resident of Village - Ram Chaura, Usari Piparia, P.S.- Isuapur, District- Saran at Chapra ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Maheshwar Prasad For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-07-2020 Heard both sides through Video Conferencing.

Petitioner seeks bail in Ishuapur P.S. Case No.50 of 2018 registered under Sections 147, 148, 149, 341, 323, 324, 447, 448, 302, 504 and 506 of the IPC.

Learned counsel for the petitioner submits that the prayer for bail of the petitioner was earlier rejected by this court vide order dated 16.08.2019 passed in Cr.Misc.No.29178 of 2019 and direction was given to expedite the trial. It is further submitted that the trial has not yet begun. The case was not even committed to the Court of Sessions but a report was called for and it is found that the case has already been committed to the Court of Sessions. The charges have been framed and the case is pending in the Court of learned 4th Additional Sessions Judge, Saran at Chapra vide Sessions Trial No.81 of 2019.

Patna High Court CR. MISC. No.16357 of 2020(3) dt.03-07-2020 2/2 Having considered the facts and the nature of allegations made against the petitioner, I am not inclined to enlarge the petitioner on bail at this stage. Accordingly, the same is rejected.

The Trial Court is directed to hold the trial on day to day basis and conclude the trial within nine months from the date of receipt of this order.

The S.P., Saran at Chapra is directed to ensure the presence of the witnesses during course of trial so that the trial must be concluded within nine months.

If the trial is not concluded within nine months, the petitioner may renew his prayer for bail.

Let a copy of this order be sent to the learned trial court and the S.P., Saran at Chapra for information and needful. (Prabhat Kumar Jha, J) Harish/- U T