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Patna High CourtCR. MISC./41730/2012disposed

Rajesh Gupta And ANR v. The State Of Bihar

2015-04-23The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41730 of 2012 ======================================================

1. Rajesh Gupta, son of Ganga Prasad, resident of Shimli Nawabganj, P.S.-Malsalami, District-Patna.

2. Sachidanand Singh, son of Late Ragho Singh, resident of 12/1 Industrial Area, Patliputra, P.S. Patliputra, District Patna.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Lakshmi Kant Sharma, Advocate For the S t a t e : Mr. Anil Prasad Singh (APP) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 23-04-2015 The petitioners feel aggrieved by the order dated 27.2.2008 passed by the court of Judicial Magistrate, 1st Class, Patna in Case No.2884M/2002. Through the said order, the trial court cancelled the bail bonds of the petitioners. Heard Shri Lakshmi Kant Sharma, learned counsel for the petitioners and Shri Anil Prasad Singh, learned Additional Public Prosecutor for the State.

Case No.2884M/2002 is pending in the trial court for the past more than one decade. The bail bonds were cancelled on the ground that the petitioners did not turn up. There cannot be any justification to keep the matter pending for such a long time. The Court cannot expect the accused to do Pairvi for years together, particularly when the alleged offences are not of so serious nature.

Patna High Court Cr.Misc. No.41730 of 2012 (3) dt.23-04-2015 2/2 It is not known as to whether the case is still pending before the trial court.

Hence, the petition is disposed of directing that if Case No.2884M/2002 is still pending, the trial court shall dispose of the same within a period of three months, even without presence of the petitioners and the bail bonds shall remain in force. (L. Narasimha Reddy,CJ) PNM U T