Arun @ Arun Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21310 of 2017 Arising Out of PS.Case No. -178 Year- 2013 Thana -MOTIPUR District- MUZAFFARPUR ====================================================== Arun @ Arun Sahni, Son of Rohit Sahni, resident of Village - Vijay Chhapra, Police Station - Ahiyapur, District - Muzaffarpur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Mithilesh Kumar, Advocate. For the Opposite Party : Mr. Pradeep Narain Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 18.02.2016 in connection with S.T. No. 645 of 2016, arising out of Motipur P.S. Case No. 178 of 2013 for the offences instituted under Sections 323, 341, 324, 307, 379, 364(A), 353/34 of the IPC., 25(1-b) a, 26 and 27 of the Arms Act.

The prosecution story, in brief, is that on 16.07.2013, the informant who was the Chowkidar of Motipur Police Station at that time, had received a call that one Santosh Kumar Thakur had been kidnapped and the criminals had demanded a sum of Rs. 50,000/- as ransom, upon which, a chase was made and one of the accused persons was apprehended whereas rest were succeeded in

Patna High Court Cr.Misc. No.21310 of 2017 (3) dt.12-07-2017 2/3 fleeing away, in which the petitioner was one of the accused. Earlier the bail application of the petitioner was rejected vide Cr. Misc. No. 20394 of 2016. This is second attempt on behalf of the petitioner for grant of bail.

A report was called for from the court below regarding the stage of the case. It has been reported that out of 12 prosecution witnesses, three witnesses have already been examined. .

Considering the aforesaid facts and circumstances and stage of the case, I am not inclined to grant bail to the petitioner. The same is rejected in Sessions Trial No. 645 of 2016, arising out of Motipur P.S. Case No.178 of 2013, pending in the court of the learned Additional Sessions Judge, Muzaffarpur. Anyhow, the learned court below 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 the order.

The District Magistrate, Muzaffarpur and the Senior Superintendent of Police, Muzaffarpur are directed to ensure that the 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.

Patna High Court Cr.Misc. No.21310 of 2017 (3) dt.12-07-2017 3/3 Let a copy of this order be communicated to the District Magistrate, Muzaffarpur and the Senior Superintendent of Police, Muzaffarpur.

U.K./- (Sudhir Singh, J) U T