Gobardhan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28374 of 2020 Arising Out of PS. Case No.-190 Year-2018 Thana- MADANPUR District- Aurangabad ====================================================== GOBARDHAN DAS Son of Late Deoki Das Resident of Village - Baniya, P.S. - Madanpur, District - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay 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 Section 302/34 of the Indian Penal Code. 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.

A report, from the trial court, has been received. It has been reported that seven prosecution witnesses, have already been examined. Four unofficial prosecution witnesses along with two official witnesses i.e. the Doctor and the Investigating Officer, are yet to be examined in this case. It is further reported that the trial is expected to be concluded within a period of six months.

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

Patna High Court CR. MISC. No.28374 of 2020(3) dt.03-02-2021 2/2 case, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Madanpur P.S. Case No. 190 of 2019 is rejected. Learned trial court is directed to take all necessary steps to conclude the trial of the petitioner preferably within a period of six months from the date of receipt/production of copy of this order.

The District Magistrate and the Superintendent of Police, Aurangabad are directed to ensure the production of remaining witnesses on the date fixed by the trial court so that the trial could be concluded within the stipulated period of six months.

Let a copy of this order be communicated to the District Magistrate and the Superintendent of Police, Aurangabad for needful.

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