Patna High CourtCR. MISC./35991/2016disposed

Saryug Manjhi v. The State Of Bihar

2016-09-07The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35991 of 2016 Arising Out of Nawada (Muffasil) PS.Case No. -154 of 2013 Thana -NAWADA MUFFASIL District- NAWADA ======================================================

1. Saryug Manjhi Son of Late Bhattu Manjhi Resident of Village - Sitarampur, P.S. - Muffasil, District - Nawada. .... .... Petitioner

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Aaruni Singh, Advocate For the Opposite Party/s : Smt. Asha Devi, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 07-09-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Saryug Manjhi, in connection with Nawada (Muffasil) Police Station Case No. 154 of 2013, under Sections 302 of the Indian Penal Code.

Perused the above application and materials on record.

Heard Mr. Aaruni Singh, learned Counsel for the petitioner, and Smt. Asha Devi, learned Additional Public Prosecutor, appearing on behalf of the State. Having regard to the fact that out of 12 witnesses, three witness have been examined and out of said three witnesses, one witness has been examined, on 12.08.2016, and two witnesses

Patna High Court Cr.Misc. No.35991 of 2016 (3) dt.07-09-2016 have been examined, on 26.08.2016, the Court is of the view that since the trial, in the present case, is in progress, the accused petitioner, in a case of the present nature, cannot be allowed to go on bail at this stage.

While, therefore, rejecting the prayer for bail, the learned trial Court is hereby directed to ensure that the trial proceeds expeditiously and be concluded, preferably, within a period of six months from the date of receipt/production of a copy of this order by the trial Court.

The Superintendent of Police, Nawada, is hereby directed to ensure the presence of the witnesses, at the trial, on the date of hearing of the trial.

Let a copy of this order be sent by FAX to the learned Sessions Judge, Nawada, and the Superintendent of Police, Nawada, for necessary action.

This bail application shall stand disposed of accordingly.

(I.A. Ansari,CJ) A.I./- U