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Patna High CourtCR. MISC./37842/2016rejected

Vikash Sonar @ Sonu v. The State Of Bihar

2016-11-21Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37842 of 2016 Arising Out of PS.Case No. -76 Year- 2006 Thana -CHARPOKHARI District- BHOJPUR ======================================================

1. Vikash Sonar @ Sonu son of Vijay Sonar. Resident of villageHawelipur, P.S.- Charpokhari, District- Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-11-2016 Heard both sides.

The petitioner seeks bail in Charpokhari P.S. Case No. 76 of 2006, registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.

The petitioner and two other accused persons are alleged to have caught the brother of the informant. The petitioner strangulated the brother of the informant. On search, the dead body was recovered from the bush.

Learned counsel for the petitioner submits that the petitioner is in jail for the last seven and half years but the trial has not yet been concluded.

It appears that the trial of the petitioner was separated from the original trial i.e., S.Tr. No. 111/2007 as the petitioner was

Patna High Court Cr.Misc. No.37842 of 2016 (3) dt.21-11-2016 2/2 sent to Buxar jail in another case. The petitioner has got criminal antecedents.

Considering the fact aforesaid, I am not inclined to enlarge the petitioner above named on bail. Accordingly, the same is rejected.

The learned Additional Sessions Judge V, Ara, who is in seisin of S.Tr. No. 14/2016, is directed to expedite the trial and hold the same on day to day basis and conclude the trial of the petitioner along with S.Tr. No. 111/07, if possible within nine months from the date of receipt of a copy of this order. The S.P., Ara is also directed to ensure the attendance of the witnesses in the court so that the trial must be concluded within nine months.

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

Let a copy of this order be sent to the learned Additional Sessions Judge V, Ara as well as the S.P., Ara for information and needful.

(Prabhat Kumar Jha, J.) Rakhi U T