Bhneshwar Prasad @ Bhuvneshwar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.73558 of 2018 Arising Out of PS. Case No.-27 Year-2017 Thana- UCHKAGAON District- Gopalganj ====================================================== Bhneshwar Prasad @ Bhuvneshwar Prasad, Son of Late Shiv Awtar Prasad, resident of village- Manikpur, P.S. Mirganj, District- Gopalganj. ... ... Petitioner
Versus
The State of Bihar.
... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Pankaj Kumar Dubey For the Opposite Party/s :
Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-12-2018 Earlier prayer for bail of the petitioner was rejected by this Court vide order dated 4.9.2017 passed in Cr.Misc.No. 24421 of 2017 and the allegation as per FIR is that deceased had taken liquor and fell ill and complaint made and later on he died and viscera report shows that the materials are highly poisonous and it has come during investigation that the liquor was purchased from the Homeopath shop of the petitioner. Learned counsel for the petitioner submits that there was direction to conclude the trial within nine months but nine months period has already elapsed and trial has not been concluded and seven witnesses have been examined and I.O. is still to be examined.
Heard learned APP also.
Having heard both sides and in the facts and
Patna High Court Cr.Misc. No.73558 of 2018(3) dt.20-12-2018 2/2 circumstances, as stated above, I am not inclined to grant bail to the petitioner at this stage. However, learned trial court is directed to expedite the trial and try to conclude it as soon as possible, preferably within a period of six months. If trial is not concluded within the said period, petitioner may move for bail before the trial court, which shall be considered on the basis of materials available on record at that time and the trial court will pass an appropriate order.
With the above observation, this application is dismissed.
(Vinod Kumar Sinha, J) spal/- U T