Kishore Sah @ Kishor Sah @ Kishor Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15901 of 2019 Arising Out of PS. Case No.-71 Year-2017 Thana- MAHISHI District- Saharsa ====================================================== KISHORE SAH @ KISHOR SAH @ KISHOR KUMAR SAH Son of Lal Mohan Sah Resident of Village - Gandaul, P.S.- Mahishi (Jalai O.P.), Distt - Saharsa.

... ... Petitioner

Versus

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

For the Petitioner :

Mrs. N. K. Agarwal, Sr. Advocate Mr.Amresh Kumar Sinha, Advocate For the Opposite Party :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-05-2019 Heard Mr. N. K. Agarwal, learned senior counsel for the petitioner and Mr. Ashok Kumar Singh, learned counsel for the State.

The petitioner has renewed his prayer for grant of bail in connection with S. Tr. No. 124 of 2018 arising out of Mahishi (Jalai O.P.) P. S. Case No. 71 of 2017 registered under Sections 304B, 201/34 of the Indian Penal Code. His prayer for bail was earlier rejected by this Court vide order dated 29.03.2018.

Learned counsel for the petitioner submitted that though the petitioner is in custody since 01.06.2017, charges were framed on 29.11.2018 and till date, no witness has been examined on behalf of the prosecution. There is no likelihood of

Patna High Court CR. MISC. No.15901 of 2019(3) dt.20-05-2019 2/2 the conclusion of trial in near future. He has further contended that if the prosecution has got no interest in prosecuting the petitioner, he cannot be retained in custody as an under trial prisoner for an indefinite period.

On the other hand, learned counsel for the State has submitted that the prosecution would take all possible steps to examine witnesses in support of the charges as early as possible, preferably within one year.

Having considered the rival submissions, I am not inclined to grant bail to the petitioner for the present. The application is rejected.

In case, the prosecution fails to examine all its witnesses within one year from the date of receipt/production of a copy of the order, the petitioner would be entitled to renew his prayer for bail before the trial court itself. While parting with this case I deem it appropriate to direct the trial court also to expedite the trial and conclude the same within one year from today.

(Ashwani Kumar Singh, J) kanchan/- U T