Jai Shankar Chaudhary @ Jayshankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27213 of 2020 Arising Out of PS. Case No.-202 Year-2018 Thana- JANDAHA District- Vaishali ====================================================== Jai Shankar Chaudhary @ Jayshankar Kumar, aged about 30 years, Male, Son of Upendra Sah @ Shankar Chaudhary Resident of Village-Arniya, P.S.- Jandaha, District - Vaishali (Bihar).

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Shakil Ahmad Khan, Advocate For the Opposite Party :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 02-11-2020 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. This is the third attempt on behalf of the petitioner, who is in custody in connection with Session Trial No. 280 of 2019 arising out of Jandaha P.S. Case No. 202 of 2018 for the offence under Sections 302, 120(B), 506/34 and Section 27 of the Arms Act.

While refusing the prayer for bail vide order dated 28.03.2019 passed in Cr.Misc. No.1664 of 2019 by a coordinate Bench of this Court, liberty was granted to the petitioner to renew his prayer for bail after nine months if no substantive progress is made in the trial.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.27213 of 2020(2) dt.02-11-2020 2/2 informs this Court that except framing of charge, there is no progress in the trial.

Considering the fact that trial has not been concluded as per direction made by this Court vide order dated 28.03.2019 passed in Cr. Misc. No.1664 of 2019, the court below is directed to conclude the trial on day-to-day basis within a period of four months failing which the court below shall release the petitioner on bail on appropriate terms and conditions. The court below is under obligation to furnish reasons for not following the observations made by this Court vide order dated 28.03.2019 passed in Cr. Misc. No.1664 of 2019 before Registrar (Vigilance) of this Court.

The application stands disposed of.

Let a copy of this order be communicated to the Registrar (Vigilance) of this Court for appropriate action. (Anil Kumar Upadhyay, J) BT/- U T