Patna High CourtCR. MISC./28195/2016rejected

Sanni Thakur v. The State Of Bihar

2017-01-11Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28195 of 2016 Arising Out of PS.Case No. -286 Year- 2014 Thana -FATUHA District- PATNA ====================================================== Sanni Thakur, Son of Mahesh Thakur, Resident of Village - Bankipur Gorakh, Police Station - Fatuha, District - Patna. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Lalan Kumar, Advocate.

For the Opposite Party : Mr. Ramesh Chandra, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-01-2017 Heard both sides.

The petitioner seeks bail in Sessions Trial No. 99 of 2016, arising out of Fatuha P.S. Case No. 286 of 2014, registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that prayer for bail of the petitioner was earlier rejected vide order dated 06.05.2015 with a direction to the trial court to expedite the trial and conclude the same within one year from the date of receipt/production of copy of this order but the trial has not yet been concluded. The petitioner is in jail for two years and four months but it appears that the petitioner and other accused persons are alleged to have stabbed the younger son of the informant and

Patna High Court Cr.Misc. No.28195 of 2016 (4) dt.11-01-2017 2/2 he was found fleeing away from the place of occurrence. Considering the nature of allegations made against the petitioner, I am not inclined to enlarge the petitioner above named on bail. Accordingly, the same is rejected.

The Additional Sessions Judge, Ist, Patna is directed to hold the trial on day-to-day basis and conclude the same within nine months from the date of receipt of this order. The A.S.P., Patna City is directed to ensure the attendance of all the nonexamined prosecution witnesses in Sessions Trial No. 99 of 2016, arising out of Fatuha P.S. Case No. 286 of 2014 in the court on the date fixed for evidence, so that the trial must be concluded within nine months. The trial court is also directed to inform this Court, if the A.S.P., Patna City fails to produce the prosecution witnesses on the date fixed for evidence.

(Prabhat Kumar Jha, J.) KKSINHA/- U T