Sujeet Kumar Mehta @ Sujeet Kumar Verma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46000 of 2016 Arising Out of PS.Case No. -8 Year- 2014 Thana -AMBA District- AURANGABAD ====================================================== Sujeet Kumar Mehta @ Sujeet Kumar Verma, Son of Budhdeo Mehta, Resident of Village - Dedhapa Bigha, P.S. - Kutumba, District - Aurangabad .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Rakesh Kumar, Advocate. For the Opposite Party/s : Mr. Ram Bilash Roy Raman, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-01-2017 Heard both sides.
The petitioner seeks bail in Amba P.S. Case No. 8/2014 registered under Sections 302 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act, corresponding to S. Tr. No. 215/14 / 45/14 / 13/16.
The prayer for bail of the petitioner was earlier rejected vide order dated 21.08.2015 passed in Cr. Misc. No. 34608/2015 with a direction to the trial court to conclude the trial within one year from the date of receipt / production of a copy of that order.
Learned counsel for the petitioner submits that more than one year has elapsed but the trial has not yet been concluded but it appears from perusal of the report of the learned 6th Addl. Sessions Judge, Aurangabad that 10 witnesses have already been
Patna High Court Cr.Misc. No.46000 of 2016 (3) dt.18-01-2017 2/2 examined and only 4 witnesses are to be examined including the two doctors. The petitioner is alleged to have fired along with other accused persons Considering the facts aforesaid and the nature of allegations made against the petitioner, I am not inclined to grant bail to the petitioner in Amba P.S. Case No. 8/2014, corresponding to S. Tr. No. 215/14 / 45/14 / 13/16. Accordingly, the same is rejected.
The trial court is directed to hold the trial on day-today basis and conclude the same within six months from the date of receipt / production of a copy of this order. The Superintendent of Police, Aurangabad is directed to ensure the attendance of the non-examined prosecution witnesses of Amba P.S. Case No. 8/2014, corresponding to S. Tr. No. 215/14 / 45/14 / 13/16, so that the trial must be concluded within the aforesaid period of six months.
Let copy of this order be transmitted to the learned trial court as well as the Superintendent of Police, Aurangabad for information and needful.
(Prabhat Kumar Jha, J) Dilip/- U T