Patna High CourtCR. MISC./40789/2017disposed

Brajesh Pandey v. The State Of Bihar

2017-09-18Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.40789 of 2017 (3) dt.18-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40789 of 2017 Arising Out of PS.Case No. -168 Year- 1994 Thana -UDWANTNAGAR District- BHOJPUR ======================================================

1. Brajesh Pandey Son of Rajeshwar Pandey, Resident of Village-Rampur Milki, P.O.-Gangahar, Police Station-Ara Moffassil, District-Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Damodar Prasad Tiwary For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-09-2017 Heard the parties.

This application is for grant of regular bail in connection with Udwant Nagar P.S.Case No.168 of 1994 for the offences under Sections 279/304A of the Indian Penal Code. This is a case of misuse of privilege of bail of 14 years and further it appears from perusal of the impugned order that on 25.6.2003, his bail bond was cancelled and thereafter all the efforts were made including processes under Section 82 and 83 of Cr.P.C. but the petitioner was neither arrested nor he surrendered and lastly he surrendered on 16.5.2017 and the steps were taken by the learned court below.

Submission of the learned counsel for the petitioner is that the petitioner is ready to abide by any condition imposed upon him

Patna High Court Cr.Misc. No.40789 of 2017 (3) dt.18-09-2017 and he also undertakes to co-operate in disposal of the trial. Heard learned A.P.P. also.

Having heard both sides and in view of long misuse of the privilege of the bail at this stage, I am not inclined to grant bail to the petitioner however, as the petitioner has appeared , the learned trial court is directed to expedite the trial and try to conclude it within a period of four months, if possible to conduct it on day-today basis or on regular basis and if the trial is not concluded within the period as stated above, the learned trial court is directed to release the petitioner in connection with Udwant Nagar P.S.Case no.168 of 1994 dated 20.11.1994 to his own satisfaction. With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T