Meghnath Chaupal @ Meghnad Choupal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9410 of 2017 Arising Out of PS.Case No. -88 Year- 2014 Thana -SHANKARPUR District- MADHEPURA ====================================================== Meghnath Chaupal @ Meghnad Choupal, S/o Baldeo Sharma @ Baldeo Choupal, Resident of Village- Raibhir, P.S.- Shankarpur, DistrictMadhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amarnath Jha, Advocate. For the Opposite Party/s : Mr. Nirmal Kumar Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-06-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Sessions Trial No. 163 of 2014 arising out of Shankarpur P.S. Case No. 88 of 2014 (G.R. No. 1599 of 2014) instituted for the offence under Sections 341, 323, 302 and 34 of the Indian Penal Code.

In the instant case, the petitioner is said to be in custody since 27.7.2014.

As per written report, petitioner is the main assailant. A report was called for from the court below about the latest stage of trial which has been received. The court below has stated that charge has been framed on 9.12.2014, but no witness has been examined. The court below has stated that trial may be concluded within a period of nine months after separating the case

Patna High Court Cr.Misc. No.9410 of 2017 (4) dt.22-06-2017 2/2 of this petitioner.

Therefore, this Court is not inclined to grant bail to the petitioner at this stage.

Prayer for bail of the petitioner stands rejected. The trial court is directed to conclude the trial of the petitioner by fixing the same on day-to-day basis and make efforts to conclude it within a period of nine months from the date of receipt of this order, as mentioned in the report. The petitioner is given liberty to renew his prayer for bail in the court below in the event the trial is not concluded within nine months and in that event the court below will give reason for not concluding the same within aforesaid period. (Sanjay Priya, J) S.Ali/- U T