Pintu Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32416 of 2018 Arising Out of PS.Case No. -80 Year- 2016 Thana -ISLAMPUR District- NALANDA (BIHARSHARIFF) ======================================================

1. Pintu Kumar,

2. Sintu Kumar, Both S/o Ashok Kumar Yadav, Resident of Village- Tahbal Bigha, P.S.- Islampur, District- Nalanda.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhirendra Kumar Sinha, Advocate. For the Opposite Party/s : Mr. Mustaque Alam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-06-2018 Heard learned counsel for the petitioner and the State. Prayer for bail of the petitioner was earlier rejected by this Court vide order dated 03.05.2017 passed in Cr. Misc. 5583 of 2017 with liberty to the petitioner to renew his prayer for bail in the court below if the trial is not concluded within a period of nine months in terms of the aforesaid order.

The petitioner has moved before the court below. The court below in the impugned order dated 20.04.2018 has mentioned that evidence of the witnesses has been closed and the case is running for final argument. It is also mentioned in the impugned order that period has been extended by this Court for conclusion of trial by further three months and the court below is

Patna High Court Cr.Misc. No.32416 of 2018 (3) dt.27-06-2018 2/2 making effort to conclude the trial within aforesaid period. Learned counsel for the petitioner has submitted that at present the court is vacant.

From the impugned order it appears that the case is at the verge of conclusion. It is at final stage of argument. Therefore, this Court is not inclined to enlarge the petitioner on bail.

Prayer for bail of the petitioner stands rejected. The District & Sessions Judge is directed to transfer the case in running court in the event the court is vacant who will conclude the trial and pass final judgment within two months from the date of receipt of this order after hearing arguments of both sides. In the event the count is not vacant, the District & Sessions Judge is not required to pass any order for transfer of the case. Let this order be communicated to the District & Sessions Judge, Biharsharif to communicate the same to trial court in connection with Sessions Trial No. 527 of 2016/81 of 2017 arising out of Islampur P.S. Case No. 80 of 2016. (Sanjay Priya, J) S.Ali/- U T