Arun Kumar @ Kalia @ Arun Sah @ Arun Kumar Gupta v. The State Of Bihar Through The Director General Of Police, Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.665 of 2019 Arising Out of PS. Case No.-156 Year-2014 Thana- NAYAGAON District- Saran ====================================================== ARUN KUMAR @ KALIA @ ARUN SAH @ ARUN KUMAR GUPTA Son of Chandrika Prasad R/o Mohalla- Dharshan Nagar, Salempur, P.S.- Chhapra Moffasil, District- Saran at Chapra ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR THROUGH THE DIRECTOR GENERAL OF POLICE, BIHAR, PATNA Bihar 2.

The Inspector General of Prison, Bihar, Patna Bihar 3.

The Superintendent of Police, Saran at Chapra Bihar 4.

The District Magistrate, Saran, Chhapra Bihar 5.

The Superintendent of Jail, (Mandal Kara), Chhapra Bihar 6.

The Superintendent of Jail ( Central Jail), Bhagalpur Bihar 7.

The Assistant Superintendent Special Central Jail, (Tirtiya Khand), Bhagalpur Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Maheshwar Prasad For the Respondent/s :

Mr.M. Nasrul Huda Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-02-2023 This writ application has been filed for issuance of an appropriate writ of mandamus commanding the respondents to expedite the trial in all 8 cases, which is pending for physical appearance.

It is submitted on behalf of the petitioner, that petitioner was made accused in as many as eight cases due to high handedness of the local police as Chhapra Town P.S. Case No. 183/2017, Session Trail No. 35/2018, Bhagwan Bazar P.S. Case No. 270/2011 lodged on 3.12.2011 under section 302,34 IPC,

Patna High Court CR. WJC No.665 of 2019(4) dt.21-02-2023 2/2 Chhapra Town P.S. Case No. 244/2014. No progress in trail and Session Trial No. 663/2015 pending in the court of ADJ-VI, Chhapra Session Trial No. 301/16 arising out of Nayagaon P.S. Case No. 156/2014, Trial NO. 573/16 arising out of Dighwara P.S. Case No. 159/16, and session Trial No. 624/2016 arising out of Chhapra Town P.S. Case No. 244/2014 the instant cases awaiting for trial in different courts. But due to non production of the petitioner, before the court on dates of trial, the trial of those cases have been hampered.

On the other hand counsel for the state with reference to para 12 of the counter affidavit submits that petitioners have been produced in the concerned courts on various dates whenever it is required from the Special Central Jail, Bhagalpur, to several courts at Chhapra and as such no further order is required to be passed in this connection.

In that view of the matter, no positive order is required to be passed in view of the statement made on behalf of the state which has not been denied or rebutted by the counsel for the petitioner.

This writ petition is disposed of.

asmit/- (Prabhat Kumar Singh, J) U