Vijay Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40060 of 2021 Arising Out of PS. Case No.-11 Year-2016 Thana- C.B.I CASE District- Muzaffarpur ====================================================== Vijay Kumar Gupta, Son Of Shivji Prasad Gupta @ Shivji Prasad Resident Of Village - Shukla Toli, Near Hanuman Mandir, P.S.- Siwan (Town), District - Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Central Bureau of Investigation through- Supdt. of Plice CBI, SC-II, New Delhi.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey- Advocate Mr. Kanchan Kumari- Advocate For the State :

Mr. Surendra Prasad Singh- A.P.P.

For the C.B.I.

:

Mr. Bipin Kumar Sinha- SC-CBI ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-02-2022 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned Standing Counsel for the C.B.I. through video conferencing.

In terms of order dated 01.02.2022, a report from the Court of learned Additional Sessions Judge-III-cum-Special Judge SC/ST (POA) Act-cum-Special Court of M.P., M.L.A. & M.L.C., Muzaffarpur has been received vide Letter No.29 dated 04.02.2022.

In the report, it has been recorded that out of 96 prosecution witnesses, 23 prosecution witnesses have been examined till date. The learned Court has also stated that a

Patna High Court CR. MISC. No.40060 of 2021(5) dt.09-02-2022 2/2 minimum nine months time would be required for concluding the trial of the present case.

The Superintendent of Police, C.B.I., SCB, Patna is directed to ensure that the remaining prosecution witnesses are present before the learned trial Court as and when required, so that there is no delay in conclusion of the trial. In the event, if the trial is not concluded within the period aforesaid, the petitioner will be at liberty to renew his prayer for bail.

With the aforesaid direction and observation, the instant petition is disposed of.

(Satyavrat Verma, J) vikash/- U T