Patna High CourtCR. MISC./9996/2017rejected

Arvind Vishwakarma v. The State Of Bihar

2017-03-23Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9996 of 2017 Arising Out of PS.Case No. -21 Year- 2014 Thana -DHIBRA District- AURANGABAD ======================================================

1. Arvind Vishwakarma Son of Late Ram Janam Vishwakarma @ Late Ram Janam Mistry Resident of Village- Koriyari, P.S.- Dhibra, DistrictAurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Bilash Prasad For the Opposite Party/s : Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-03-2017 Heard both sides.

The petitioner seeks bail in Dhibra P.S. case No. 21 of 2014 under Section 395 of the Indian Penal Code and under Section 25(1-b) a, 35 of the Arms Act.

The petitioner was apprehended on the spot and there is specific allegation against the petitioner that he along with others committed dacoity on the point of pistol, assaulted the informant and demanded Rs. 25,000/-.

The learned counsel for the petitioner submits that prayer of petitioner for bail was earlier rejected twice by this court and this is the third attempt. It is submitted that petitioner is in jail for two and half years but still the trial has not been concluded.

Patna High Court Cr.Misc. No.9996 of 2017 (3) dt.23-03-2017 2/2 Considering the nature of allegation, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

The trial court is directed to expedite the trial, hold the trial on day to day basis and conclude the same within six months from the date of receipt/ production of a copy of this order. The Superintendent of Police, Aurangabad is directed to ensure the attendance of prosecution witnesses of Dhibra P.S. case No. 21 of 2014, corresponding to Sessions Trial No. 44 of 2016, in the court of learned 6th Additional Sessions Judge, Aurangabad so that the trial must be concluded within six months. Let a copy of this order be sent to the learned trial court as well as the Superintendent of Police, Aurangabad for information and needful.

(Prabhat Kumar Jha, J) BKS/- U T