Manoj Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77200 of 2018 Arising Out of PS. Case No.-2 Year-2016 Thana- DHURAIYA District- Banka * ====================================================== Manoj Kumar Singh, S/o- Karu Prasad Singh @ Karu Mandal, Resident of Village- Birnodha, P.S.- Shambhuganj, District- Banka. ... ... Petitioner/s

Versus

1.

The State of Bihar, 2.

The District Manager, State Food Corporation Banka, District- Banka. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Shally Kumari, Advocate For the State :

Smt. Reena Sinha, APP For BSFC :

Mr. Kundan Prasad Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 08-03-2019 Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the BSFC. Petitioner seeks bail in Dhoraiya P.S. Case No.02 of 2016 instituted for the offence under Section(s) 409 and 420 Indian Penal Code pending in the Court of the Judicial Magistrate, 1st class, Purnea.

Counsel for the petitioner submits that petitioner is in custody since 17.11.2016.

It appears that prayer of the petitioner for bail was rejected thrice by co-ordinate Bench of this Court. The Hon'ble Court by order dated 18.10.2017 passed in Cr. Misc. No.43793 of 2017 had directed to expedite the trial and conclude the same preferably within six months taking the same on priority basis. It further appears that thereafter on 27.06.2018, the Hon'ble

Patna High Court CR. MISC. No.77200 of 2018(4) dt.08-03-2019 2/2 Court directed the trial Court to expedite the trial and conclude the same as early as possible preferably within four months after taking the same on priority basis vide Cr. Misc. No.37447 of 2018.

A report has been received from the Judicial Magistrate, 1st Class, Purnea, where presently the case is pending, from which it appears that the trial Court has not taken trial of this case on priority basis in terms of the order(s) passed by the Hon'ble Court. It appears that Court below has not given special attention for disposal of the case. It is very serious matter and it should be mentioned in the ACR of the Officer concerned that he should remain vigilant in future in disposing of the case as per direction of the Hon'ble Court. The Court below is directed to take up the trial of this petitioner on priority basis by fixing the same either on day to day basis or by giving short adjournments and dispose off the same positively within a period of six months from the date of receipt of copy of this order.

With the aforesaid direction, prayer of the petitioner for bail is again rejected.

(Sanjay Priya, J) J. Alam/- U T