Uday Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37117 of 2018 Arising Out of PS.Case No. -115 Year- 2016 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ======================================================
1. Uday Kumar S/o Pradeep Prasad @ Pradeep Bhagat, R/o Vill.- Kutubpur, P.S.- Biddupur, District- Vaishali.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-07-2018 Heard the parties.
Earlier the prayer for bail of the petitioner was rejected by this Court, vide order dated 21.3.2017 passed in Cr. Misc. No.5890 of 2017 and vide order dated 24.1.2018 passed in Cr. Misc. No.57888 of 2017. There is allegation of recovery of four country-made pistols and he is accused in four other cases also.
Submission of the learned counsel for the petitioner is that in spite of six months time earlier granted the trial has not been concluded. Further four months' time was also granted but the trial has not been concluded. The petitioner is in custody since 6.5.2016.
Heard learned A.P.P. and from perusal of the report it
Patna High Court Cr.Misc. No.37117 of 2018 (3) dt.25-07-2018 2/2 appears that out of six witnesses only four witnesses have been examined in this case as such I am not inclined to grant bail to the petitioner, however, the learned trial court is directed to conduct it on day to day basis so that the trial may be concluded within a period of two months and the S.P., Vaishali at Hajipur is also directed to ensure presence of the witnesses so that the trial may be concluded within the period as specified.
At the same time, it is also made clear that the aforesaid direction must be complied in strict sense by the learned trial court as well as by the S.P., Vaishali at Hajipur otherwise they have to face consequences..
Having heard both sides and in view of the facts and circumstances, as stated above With the aforesaid observation, this application is dismissed.
(Vinod Kumar Sinha, J) chn/- U T