Amresh Kumar @ Amresh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23327 of 2020 Arising Out of PS. Case No.-342 Year-2003 Thana- BARAUNI District- Begusarai ====================================================== AMRESH KUMAR @ AMRESH SINGH S/o Kailash Singh Resident of Village-Keshawe, Police Station-Barauni, District-Begusarai ... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-02-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case for the offence registered under Sections 341 307, 504, 302/34 of the Indian Penal Code and 27 of the Arms Act.

Earlier prayer for bail of the petitioner was rejected vide Annexure-1 to the present application taking into account that the petitioner is the assailant and he has absconded for fourteen years.

A show cause has been filed by Mr. N. N. Tiwary, on behalf of the District Magistrate and the Superintendent of Police, Begusarai. The same be kept on record.

Patna High Court CR. MISC. No.23327 of 2020(5) dt.03-02-2021 2/3 It has been submitted that on a date, four prosecution witnesses appeared in this case but their evidence could not be taken because the defence counsel filed a petition before the Ist Additional Sessions Judge, Begusarai for transfer of this case to Fast Track Court No.-II, Begusarai and accordingly, the case record was transferred to the court of F.T.C.IInd, Begusarai and the witnesses were directed to be present on the date fixed by the trial court.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the nature of allegation and the stage of the case, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Barauni P.S. Case No. 342 of 2003 is rejected. Learned trial court is directed to take all necessary steps to conclude the trial of the petitioner preferably within a period of nine months from the date of receipt/production of copy of this order.

The defence is expected to cooperate in the trial. The District Magistrate and the Superintendent of Police, Begusarai are directed to ensure the production of witnesses on the date fixed by the trial court so that the trial

Patna High Court CR. MISC. No.23327 of 2020(5) dt.03-02-2021 3/3 could be concluded within the stipulated period. Let a copy of this order be communicated to the District Magistrate and the Superintendent of Police, Begusarai for needful.

(Sudhir Singh, J) A.K.V.//- U T