Bauna Sah @ Bauna Kumar @ Sacchitanand Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11677 of 2017 Arising Out of PS.Case No. -16 Year- 2011 Thana -BHELDI District- SARAN ====================================================== Bauna Sah @ Bauna Kumar @ Sacchitanand Sah Son of Kumbhlal Sah, Resident of Village-Jogani Parsa, P.S.Bheldi, District-Saran .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-04-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 302/34 of the Indian Penal Code.

The allegation against the petitioner is that he inflicted repeated knife blow on the sons of the informant and subsequently the accused persons assaulted the father of the informant with lathi, causing his death.

Earlier the bail application of the petitioner was rejected vide Annexure-1 to the present application taking into account that the petitioner is one of the assailants, causing knife blow upon the deceased. The said fact is supported from the postmortem report.

A report was called for from the trial court regarding the stage of the case. It has been reported one witness has already

Patna High Court Cr.Misc. No.11677 of 2017 (3) dt.19-04-2017 2/2 been examined and the trial is in progress and it is expected to be concluded within a period of 12 months.

Considering the fact that the trial is already in progress, I am not inclined to grant bail to the petitioner. The same is rejected in connection with Bheldi P.S. Case No. 16 of 2011, pending in the court of Sri Amrendra Kumar, Judicial Magistrate, Saran at Chapra.

The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of 12 months from the date of receipt/production of copy of this order. The District Magistrate, Saran at Chapra and the Superintendent of Police, Saran at Chapra 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, Saran at Chapra and the Superintendent of Police, Saran at Chapra.

(Sudhir Singh, J) Amit/- U T