Radha Kant Tiwary And ANR. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16527 of 2015 Arising Out of PS. Case No.-37 Year-2005 Thana- GORAUL District- Vaishali ====================================================== 1.

Radha Kant Tiwary Son of Late Gudan Tiwary Resident of Village - Harail, P.S. - Mohiuddin Nagar, Dist - Samastipur.

2.

Santosh Tiwary Son of Radhe Kant Tiwary Resident of Village - Harail, P.S. - Mohiuddin Nagar, Dist - Samastipur.

... ... Petitioner/s

Versus

1.

State Of Bihar.

2.

Rajesh Kumar Jha Son of Shri Anant Lal Jha Resident P.S. - Semapur, Katihar.

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

For the Petitioner/s :

Mr. Dhananjai Kumar Singh, Adv.

Mr. Jyoti Ranjan, Adv.

For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 15-05-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioners have filed the present application against the order taking cognizance dated 19.12.2014. Now nearly four and half years have passed since filing of this case, the Court is not inclined to grant any indulgence. However, liberty shall be available to the petitioner to file application for discharge at the time of framing of charge. In case, such petition is filed by the petitioner, the Court below shall decide the application for discharge in accordance with law. The final order on the discharge application shall be passed by the court below within

Patna High Court CR. MISC. No.16527 of 2015(2) dt.15-05-2019 2/2 a maximum period of 90 days from the date of receipt/production of a copy of this order.

With the aforesaid, the present application stands disposed of.

(Anil Kumar Upadhyay, J) mdrashid/- U T