Patna High CourtCR. MISC./48451/2014rejected

Chokat Yadav v. State Of Bihar And ANR

2015-05-20Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48451 of 2014 Arising Out of PS.Case No. -37 Year- 2013 Thana -GOVERNMENT OFFICIAL COMP. DistrictPATNA ====================================================== Chokat Yadav S/o Late Mukhlal Yadav Resident of Village Basantpur, P.S. Mainatad, District - West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Union of India through Intelligence Officer, D.R. II, Patna. .... .... Opposite Party/s Appearance :

For the Petitioner : Mr. Ajay Kumar Sinha. For the Opposite Parties : Mr. Devendra Kumar, SC/DRI. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-05-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is accused in connection with Complaint Case No. 37(c) of 2013 registered under sections 135 (a) and (b) of the Custom Act pending in the Court of Assistant Sessions Judge-IIIrd, Patna.

Earlier prayer of the petitioner was rejected vide Cr. Misc. No. 29629 of 2013 on 27.01.2014 by this Court on merit taking into consideration the nature of allegation. Learned counsel for the petitioner submits that while the prayer of bail was rejected on 27.01.2014 vide Cr. Misc. No. 29629 of 2013 but till today, no any witness has been examined

Patna High Court Cr.Misc. No.48451 of 2014 (6) dt.20-05-2015 2/2 after framing of the charge and petitioner is in custody since 01.03.2013.

The report, as called for from the Spl. Judge, Economic Office, Patna through letter no. 13 dated 05.05.2015, shows that the case is running for evidence after charge and it is expected that the trial will be concluded within a period of six months.

Having considered the facts and circumstances of the case, I am not inclined to re-consider the prayer of the petitioner for bail. Accordingly, the application stands rejected. However, the Trial Court is directed to conclude the trial within a period of six months. If the trial is not concluded within a period of six months, the petitioner would be at liberty to renew his prayer for bail after six months.

(Rajendra Kumar Mishra, J.) Shail/- U T