Jumai Mian @ Jumai Miya v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34717 of 2018 Arising Out of PS.Case No. -36 Year- 2016 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Jumai Mian @ Jumai Miya Son of Abulash Miya @ Abu Laish Mian, Resident of Village- Bhawanipur, Police Station- Nakardei, District- East Champaran.
.... .... Petitioner
Versus
1. The State of Bihar.
2. The Union of India through Inspector General, S.S.B. Frontier Head Quarter, Bihar, Patna.
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Dhurendra Kumar For the Opposite Party/s : Mr. Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-07-2018 Earlier prayer for bail of the petitioner was rejected by this Court vide order dated 27.3.2017 passed in Cr.Misc.No.13944 of 2017 with a direction to learned trial court to conclude the trial within one year.
Submission of learned counsel for the petitioner is that petitioner is in custody for the last two years and four months and till date trial has not been concluded.
Heard learned APP and learned counsel for the Union of India. From perusal of report it appears that out of 10 witnesses seven have been examined and steps have been taken for examination of remaining witnesses and learned trial court has
Patna High Court Cr.Misc. No.34717 of 2018 (3) dt.04-07-2018 2/2 assured that trial will be concluded within one year. Having heard both sides and in the facts and circumstances, I am not inclined to grant bail to the petitioner. However, learned trial court is directed to expedite the trial and conclude the trial within a further period of six months and at the same time, Superintendent of Police, East Champaran is directed to see that witnesses are present in court so that trial may be concluded within the said period.
With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U