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Patna High CourtCR. MISC./19374/2024dismissed

Vivek Kumar @ Cobra v. The State Of Bihar

2024-04-02Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19374 of 2024 Arising Out of PS. Case No.-418 Year-2022 Thana- BUDDHACOLONY District- Patna ====================================================== Vivek Kumar @ Cobra SON OF VIJAY PRASAD GUPTA @ VIJAY KUMAR RESIDENT OF VILLAGE- GAIGHAT, KAJIBAGH, KHARA KUAN, PS-ALAMGANJ, DISTT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nityanand Kumar For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Buddha Colony P.S. Case No. 418 of 2022 registered for the offence punishable under Sections 394 of the Indian Penal Code. Later on chargesheet has been submitted under Section 394/412 of the Indian Penal Code and Section 27 of the Arms Act.

3. Unknown criminals shot at the victim. He was taken to Jaiprabha Medanta Hospital where he died. The criminals have tried to commit a loot.

4. The petitioner is accused in 37 cases. All cases are of Patna and are of serious nature. The role of the petitioner has come during investigation. The petitioner is in jail since

Patna High Court CR. MISC. No.19374 of 2024(2) dt.02-04-2024 2/3 20.10.2022.

5. In view of the above, this application is dismissed.

6. This Court is surprised that how the petitioner is allowed to come out of jail after he is accused in 37 cases and why his trial is not being expedited in all the cases.

7. The Senior Superintendent of Police, Patna is directed to monitor the trial of all the cases registered against the petitioner himself and will see to it that the trial of all the cases is concluded at the earliest. He will make sure that the witnesses are produced in the trial of the petitioner.

8. The District Judge, Patna is directed to transfer all the cases which are triable in a Sessions Court in the Court of one particular A.D.J. and the trial of all the cases which are triable by Magistrate the cases shall also be transferred in the Court of one Magistrate.

9. The District Judge, Patna will see to it that the trial of all the cases are concluded at the earliest.

10. Let a copy of the order be communicated to the District Judge, Patna and also to Senior Superintendent of Police, Patna the through FAX/e-mail forthwith for compliance of the order.

11. Mr. Jharkhandi Upadhyay, learned Additional

Patna High Court CR. MISC. No.19374 of 2024(2) dt.02-04-2024 3/3 Public Prosecutor, will inform the Senior Superintendent of Police, Patna about the today's order.

(Sandeep Kumar, J) Saif/- U T