Patna High CourtCR. MISC./12181/2018rejected

Amit Kumar Singh @ Amit Singh v. The State Of Bihar

2018-03-07Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12181 of 2018 Arising Out of PS. Case No.-32 Year-2013 Thana- SINGHIYA District- Samastipur ====================================================== Amit Kumar Singh @ Amit Singh S/o Late Ranjeet Singh, R/o VillageSaraiya, P.S.- Chautham, District- Khagaria. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Satya Prakash Sinha, Advocate For the Opposite Party :

Smt. Veena Rani Prasad (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-03-2018 Heard learned counsel for the petitioner and the learned counsel representing the State.

The petitioner wants to renew the prayer of bail which was earlier rejected thrice vide order dated 16.02.2015, 10.02.2016 and 25.01.2017 passed in Cri. Misc. No. 27294 of 2014, Cr. Misc. No. 2726 of 2016 and Cr. Misc. No. 52093 of 2016 respectively, on the ground that the petitioner is suffering in custody since 25.11.2013 and up till now three prosecution witnesses have been examined and in near future the trial is not likely to be concluded. F.I.R. has been lodged after two months and the statement of the victim is quite contradictory from the F.I.R. There was direction to conclude the trial within four months but the trial has not been concluded and, as such, the

Patna High Court Cr.Misc. No.12181 of 2018(2) dt.07-03-2018 2/2 petitioner deserves sympathetic consideration. The learned A.P.P. opposes the prayer of bail. In the facts and circumstances stated above, at present, I am not inclined to re-consider the prayer of bail and again prayer of the bail of the petitioner stands rejected in connection with Sessions Trail No. 532 of 2015/183 of 2016, (G.R. No. 295 of 2013) arising out of Singhiya P.S. Case No. 32 of 2013 pending in the court of learned Additional District Judge-1, Samastipur.

However, the learned trail Court is again directed to expedite the trial and conclude the same preferably within two months by taking all positive steps to secure the attendance of the prosecution witnesses, failing which the petitioner, if at no fault, may be at liberty to renew his prayer for bail.

(Jitendra Mohan Sharma, J.) Rajiv/- U T