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Patna High CourtCR. MISC./48017/2017disposed

Kundan Mandal @ Kundan Kumar v. The State Of Bihar

2017-10-11Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48017 of 2017 Arising Out of PS.Case No. -129 Year- 2016 Thana -NATHNAGAR District- BHAGALPUR ====================================================== Kundan Mandal @ Kundan Kumar, S/o Gosai Mandal, R/o VillageRasidpur, P.S.- Nathnagar, District- Bhagalpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ashutosh Kumar For the Opposite Party/s : Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-10-2017 Heard learned counsel for the petitioner.

Earlier prayer for bail of the petitioner was rejected by this Court in Cr.Misc.No.54144 of 2016, vide order dated 22.12.2016 with an observation to the court below to expedite the matter.

Submission of learned counsel for the petitioner is that only three witnesses have been examined by now, who have been declared hostile and few witnesses, including I.O. and Doctor are yet to be examined and petitioner is in custody for last 17 months. Heard learned APP also.

In the aforesaid view of the matter, as the trial has already commenced, learned trial court is directed to expedite the trial and try to conclude it within a further period of five months.

Patna High Court Cr.Misc. No.48017 of 2017 (2) dt.11-10-2017 2/2 If trial is not concluded within the said period, petitioner may renew his prayer for bail before the court below itself, who will considered the materials available on record and evidence at that time before it and pass appropriate order, without being prejudiced by this order.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U