Pranav Kumar @ Bikram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42773 of 2016 Arising Out of PS.Case No. -410 Year- 2014 Thana -BIDUPUR District- VAISHALI (HAJIPUR) ======================================================

1. Pranav Kumar @ Bikram Kumar, son of Sri Rajendra Singh, Resident of Village- Mohiuddinpur, P.S.- Bidupur, District- Vaishali at Hajipur. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravindra Kumar Shukla For the Opposite Party/s : Mr. Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-12-2016 Heard Sri Kanhaiya Prasad Singh, the learned senior counsel for the petitioner, and the learned Additional Public Prosecutor.

The petitioner seeks bail in Bidupur P.S. case No. 410 of 2014 under Section 302 and other Sections of the Indian Penal Code, under Section 27 and other Sections of the Arms Act. The learned senior counsel for the petitioner submits that prayer of petitioner for bail was earlier rejected by this court as well as by the Supreme Court in Special Leave to Appeal Crl. No. 9499 of 2015. It is submitted that, while rejecting the prayer of petitioner for bail by this court, vide order dated 24.08.2015 passed in Cr. Misc. No. 20960 of 2015, direction was given to the trial court to conclude the trial within one year from the date of receipt of the order.

Since there is very specific allegation against the petitioner that petitioner made indiscriminate firing, causing injury

Patna High Court Cr.Misc. No.42773 of 2016 (2) dt.14-12-2016 2/2 to many persons, out of which one Sujit Kumar died, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

Since the petitioner is in jail since 27.03.2015, the learned trial court 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 Superintendent of Police, Vaishali at Hajipur is directed to ensure the attendance of non examined prosecution witnesses of Bidupur P.S. case No. 410 of 2014, corresponding to Sessions Trial No. 56 of 2016, in the court of learned 1st Additional Sessions Judge, Vaishali at Hajipur so that the trial must be concluded within nine months.

Let a copy of this order be sent to learned 1st Additional Sessions Judge, Vaishali at Hajipur as well as Superintendent of Police, Vaishali at Hajipur for communication and needful.

If the trial is not concluded within nine months, the petitioner may renew his prayer for bail.

(Prabhat Kumar Jha, J) BKS/- U T