K. Suresh @ Suresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56929 of 2017 Arising Out of PS.Case No. -10 Year- 2016 Thana -MOHANIA District- BHABHUA (KAIMUR) ====================================================== K. Suresh @ Suresh Kumar, Son of Kashi @ Bala Krisharan, resident of Punganur, New Street, Srerangan Taluk, P.S.- Somarasmpettai, DistrictThruchirappalli, State- Tamil Nadu. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Sumeet Kumar Singh, Advocate. For the Opposite Party : Mr. Narendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-01-2018 A supplementary affidavit has been filed on behalf of the petitioner. The same may be kept on the record. Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 06.01.2016 in connection with Sessions Trial No. 229 of 2016, arising out of Mohania P.S. Case No. 10 of 2016 for the offence registered under Sections 395 and 412 of the IPC. The prosecution story, in brief, is that the petitioner was caught red handed with Rs. 47 Lacs of the Bank. This is second attempt on behalf of the petitioner for grant of bail.

Patna High Court Cr.Misc. No.56929 of 2017 (3) dt.03-01-2018 2/3 Earlier bail application of the petitioner was rejected vide Cr. Misc. No. 34390 of 2016 dated 17.10.2016 taking into account that the petitioner was caught red handed with Rs. 47 Lacs of the Bank.

A report was called for from the court below regarding the stage of the case. It has been reported that only two I.O. witnesses are to be examined in the present case and within a period of five months the trial is expected to be concluded. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in connection with Sessions Trial No. 229 of 2016, arising out of Mohania P.S. Case No. 10 of 2016, pending in the court of learned Additional District and Sessions Judge, Bhabhua-II, Kaimur at Bhabhua.

The court below is directed to take all necessary steps to conclude the trial within a period of five months from the date of receipt/production of copy of this order.

The District Magistrate, Kaimur at Bhabhua and the Superintendent of Police, Kaimur at Bhabhua are directed to ensure that the both I.O. witnesses are produced on the date fixed by the court below so that the trial court be concluded within the stipulated period.

Patna High Court Cr.Misc. No.56929 of 2017 (3) dt.03-01-2018 3/3 Let a copy of this order be communicated to the District Magistrate, Kaimur at Bhabhua and the Superintendent of Police, Kaimur at Bhabhua.

U.K./- (Sudhir Singh, J) U T