Patna High CourtCR. MISC./60754/2017dismissed

Ghanshyam Acharya v. State Of Bihar And ANR

2018-01-03Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.60754 of 2017 (3) dt.03-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60754 of 2017 Arising Out of PS.Case No. -327 Year- 2016 Thana -BIRAUL District- DARBHANGA ======================================================

1. Ghanshyam Acharya, S/o Braj Kishore Acharya @ Natuni Acharya, R/o Vill- Baliya, P.S.- Biraul, Distt- Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ram Kishore Choudhary, S/o Digambar Choudhary, R/o Pokhram P.S.- Biraul, Distt- Darbhanga.

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

For the Petitioner/s : Mr. Dayanand Singh For the Opposite Party/s : Mr. Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-01-2018 Earlier prayer for bail of the petitioner was rejected by this Court vide order dated 10.02.2017 passed in Cr. Misc. No. 2865 of 2017, with direction the trial court to conclude the trial within a period of nine months and petitioner was given liberty to renew his prayer for bail if the trial is not concluded within the aforesaid period.

Submission of learned counsel for the petitioner is that in spite of direction of this Court to conclude the trial within a period of nine months, only one charge-sheet witness has been examined and no substantial progress has been made in trial. It appears that in this case a report was called for from the court below, from which, it appears that only two witnesses have

Patna High Court Cr.Misc. No.60754 of 2017 (3) dt.03-01-2018 been examined including one charge-sheet witness, I failed to appreciate that in spite of direction of this court to conclude the trial within nine months, uptil only two witnesses have been examined.

In such view of the matter, trial court is directed to conclude the trial within a period of seven months from today. At the same time, S.P. Darbhanga, is also directed to ensure the production of witnesses in the trial court on the date fixed so that the trail be concluded expeditiously.

Needless to say that the aforesaid direction must be complied in a strict sense.

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