Harihar Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36340 of 2017 Arising Out of PS.Case No. -79 Year- 1996 Thana -ALOULI District- KHAGARIA ====================================================== Harihar Sada Son of Late Prabhu Sada resident of Village Urdaha, Police Station Alouli, District Khagaria.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Viveka Nand Singh, Advocate. For the Opposite Party/s : Mr. Arun Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is seeking regular bail in Sessions Trial No. 179/2015 arising out of Alouli P.S. Case No. 79/1996 registered under Section 302 of the Indian Penal Code read with Section 27 of the Arms Act.

Learned counsel for the petitioner submits that although there are allegations of commission of offences under Section 302 IPC read with Section 27 of the Arms Act against the petitioner but considering the fact that the petitioner is in custody since 19.03.2015, he may be released on bail. On the other hand, learned A.P.P. for the State submits that in the present case trial is on the verge of conclusion inasmuch as six witnesses have already been examined. He refers

Patna High Court Cr.Misc. No.36340 of 2017 (2) dt.10-08-2017 2/2 to the impugned order passed by the learned Additional Sessions Judge I, Khagaria.

Considering the fact that the trial is already in the advanced stage and there is every possibility of the conclusion of trial within a reasonable time, this Court is not inclined to grant regular bail to the petitioner in the above mentioned case. The same is rejected.

However, the trial court is directed to expedite the trial and conclude the same preferably within a period of six months from the date of receipt / production of a copy of this order. The Superintendent of Police, Khagaria shall ensure that the witnesses on behalf of the State must be produced so that the trial is concluded within the stipulated period. (Rajeev Ranjan Prasad, J) Dilip, AR U T