Kundan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25878 of 2021 Arising Out of PS. Case No.-183 Year-2019 Thana- BIDUPUR District- Vaishali ====================================================== KUNDAN KUMAR SON OF MRITYUNJAY KUMAR RESIDENT OF VILLAGE- CHANDPURA, POLICE STATION- BIDUPUR, DISTRICTVAISHALI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.N.K.Agrawal, Senior Advocate Mr.Sunil Kumar, Advocate For the Opposite Party/s :
Mr.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-09-2021 Heard the parties through virtual court proceedings. Vide order dated 25.08.2021, a report was called in this case. In compliance thereof, a report dated 28.08.2021 has been sent by the Court of learned Additional Sessions Judge-IX, Vaishali at Hajipur and kept at flag 'A', whereby it has been submitted that the charge has been framed on 13.03.2020. For production of witnesses, summons against the prosecution witnesses have been issued on 05.11.2020, warrant of Arrest (Bailable) have been issued against the prosecution witnesses on 06.01.2021 and non-bailable warrant of arrest against witnesses with letter to S.P. Vaishali, have been issued on 02.03.2021. Again letter to S.P. and D.M. Vaishali with Non-bailable warrant of arrest against the prosecution witnesses have been issued on
Patna High Court CR. MISC. No.25878 of 2021(4) dt.22-09-2021 2/2 24.07.2021 and 18.08.2021 respectively but no prosecution witnesses appeared for deposing their evidence as yet and at present, the case is pending for prosecution evidence. Considering the aforesaid circumstances, I am not inclined to grant bail to the petitioner in connection with Bidupur P.S. Case No.183/2019, G.R. No.2432/2019 and T.R. No.56/2020. The prayer for bail of the petitioner is rejected. However, the learned trial court is directed to conclude the trial as expeditiously as possible, preferably within a period of nine months from today.
The Superintendent of Police, Vaishali is directed to take steps for production of all prosecution witnesses for their examination, as and when the date is fixed, so that the trial may be concluded within the stipulated period, as aforesaid. In the event, the prosecution witnesses fails to appear before the court below, it would deem to be the violation of the direction of this Court and, accordingly, contempt proceeding will be initiated against the concerned person/official. Let a copy of this order be sent to S.P., Vaishali. (Anjani Kumar Sharan, J) pallavi/- U T