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Patna High CourtCR. MISC./22190/2020disposed

Monu Dubey v. The State Of Bihar

2020-10-12Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22190 of 2020 Arising Out of PS. Case No.-267 Year-2017 Thana- DHAMDAHA District- Purnia ============================================== Monu Dubey Son of Surendra Kumar Dubey @ Bipin Kumar Dubey Resident of Village - Tarauni, P.S.- Dhamdaha, District - Purnia ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Vikramdeo Singh Mr.Kumar Praveen For the Opposite Party/s :

Mr. R.B. Roy Raman.

============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 12-10-2020 Heard Mr. Vikramdeo Singh, learned counsel for the petitioner and Mr. R.B. Roy Raman, learned APP for the State.

The petitioner seeks bail in connection with Session Trial No. 160/2018 arising out of Dhamdaha P.S. Case No. 267 of 2017 dated 11.11.2017 instituted for offence under Sections 302, 120B and 34 of the Indian Penal Code and Section 27 of the Arms Act.

On 19.08.2020, a report was called for from the court below about the stage of the case. The report has been received and kept at flag -'A'. Charges in this case were framed on 04.02.2019. Out of twelve prosecution

Patna High Court CR. MISC. No.22190 of 2020(4) dt.12-10-2020 2/2 witnesses, nine prosecution witnesses have already been examined.

In that view of the matter and taking into account the nature of accusation against the petitioner, I am not inclined to grant bail to him for the present. However, considering the fact that petitioner is in custody for long time, this Court directs the Trial Court to conclude the trial expeditiously within a period of six months from the date / receipt of production of a copy of this order. However, if the trial is not concluded within the aforesaid period, the petitioner would be at liberty to approach the Trial Court for grant of bail.

In that event, the Trial Court would be required to state the reasons for non- conclusion of the trial within the aforesaid period.

The petition stands disposed with the aforesaid observation.

(Ashutosh Kumar, J) sunilkumar/- U T