Patna High CourtCR. MISC./58199/2017dismissed

Amit Kumar v. The State Of Bihar

2017-12-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58199 of 2017 Arising Out of PS.Case No. -239 Year- 2016 Thana -PARWATTA District- KHAGARIA ======================================================

1. Amit Kumar, Son of Vibhuti Bhushan Choudhary, Resident of VillageTarapur Kushwaha Colony, P.S.- Tarapur, District- Munger. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Kamal Kishore Jha For the Opposite Party/s : Mr. Sri Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-12-2017 Heard the parties.

Earlier the prayer for bail of the petitioner was rejected by this Court, vide order dated 8.5.2017 passed in Cr. Misc. No.10744 of 2017, with direction to the learned trial court to expedite the trial of the petitioner and try to conclude the same within a period of six months.

Submission of the learned counsel for the petitioner is that the petitioner is in custody for about 14 months and in spite that the trial has not been concluded up till now. Heard learned A.P.P.

Having heard both sides and from perusal of the report, it appears that the case is fixed for evidence of Sergeant Major and once he is examined, the prosecution evidence will be

Patna High Court Cr.Misc. No.58199 of 2017 (5) dt.20-12-2017 2/2 closed. In such view of the matter, I am not inclined to grant bail to the petitioner, however, the learned trial court is directed to expedite the trial within a period of three months. At the same time, the S.P., Khagaria is directed to ensure presence of the Sergeant Major so that the trial may be concluded within the period as specified.

It is needless to say that the petitioner and the other co-accused persons have to co-operate in conclusion of the trial. With the aforesaid observation, this application is dismissed.

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