Ganesh Ram v. The State Of Bihar

Patna High Court Cr.Misc. No.38779 of 2016 (3) dt.26-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38779 of 2016 Arising Out of PS.Case No. -301 Year- 2014 Thana -ROSERA District- SAMASTIPUR ====================================================== Ganesh Ram, Son of Brahmdeo Ram, Resident of Village- Rampur, Police Station- Bakhri, District- Begusarai.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Jagdish Prasad Singh For the Opposite Party/s : Mr. Sri Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 26-10-2016 Heard learned counsel for the petitioner as well as learned Additional P.P.

The petitioner is an accused in connection with S.T. No. 374 of 2015 arising out of Rosera P.S. Case No. 301 of 2014 for the offence under Section 364(A) of the Indian Penal Code pending in the court of Additional Sessions Judge, Rosera. Learned counsel for the petitioner submits that while charge has been framed against the petitioner on 24.11.2015, but up-till now no prosecution witness has been examined. The petitioner is in custody since 03.10.2014.

On perusal of the report of learned Additional District & Sessions Judge, Rosera, Samastipur, as received on call through his letter no. 225/2016, that charge has been framed against the

Patna High Court Cr.Misc. No.38779 of 2016 (3) dt.26-10-2016 petitioner on 24.10.2015. Out of ten witnesses cited in the charge sheet, none has been examined while summons were issued against the charge sheet witnesses.

Having regard to the facts and circumstances of the case, I am not inclined to reconsider the prayer of bail of the petitioner. However, the trial court is directed to conclude the trial within one year by taking all effective steps for appearance of prosecution witnesses. If the trial is not concluded within the said period, the petitioner will be at liberty to renew his prayer for bail. Accordingly, the bail petition is disposed of. (Rajendra Kumar Mishra, J) m.pal U T