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Patna High CourtCR. MISC./4786/2021dismissed

Tepeshwar Chaudhary @ Tapeshwar Chaudhary @ Karu Chaudhary v. The State Of Bihar

2021-09-15Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4786 of 2021 Arising Out of PS. Case No.-54 Year-2018 Thana- BIND District- Nalanda ====================================================== Tepeshwar Chaudhary @ Tapeshwar Chaudhary @ Karu Chaudhary S/O Kishori Chaudhary R/O Village-Ambedkar Nagar Silao, P.S-Silao, DistrictNalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Prasad, Advocate For the Opposite Party/s :

Mr.Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-09-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Counsel for the petitioner is directed to remove the defect(s), as pointed out, by the office, within a period of four weeks from the date of restoration of normalcy. The petitioner seeks bail in connection with S.T. No.665/2018 arising out of Bind P.S. case No.54/2018 registered under Sections 302, 120(B) of the Indian Penal Code, pending in the court of A.D.J. 3rd-cum-Special Judge, Excise, Nalanda at Bihar Sharif.

The earlier bail application of the petitioner was rejected vide Annexure 1 to the present application taking into account that that the confession of the petitioner has led to recovery of incriminating articles leading to the commission of

Patna High Court CR. MISC. No.4786 of 2021(4) dt.15-09-2021 2/2 the murder of the deceased.

A report was called for from the trial court. It has been reported that out of six prosecution witnesses, three prosecution witnesses have already been examined and the trial is likely to be concluded within a period of one year.

Considering the nature of accusation and the stage of the case, I am not inclined to grant bail to the petitioner. The same is rejected.

The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of nine months from the date of receipt/production of a copy of this order. The District Magistrate, Nalanda at Bihar Sharif and the Superintendent of Police, Nalanda at Bihar Sharif are also directed to take necessary steps to produce the witnesses on the date fixed by the Trial Court so that the trial could be concluded within the stipulated period.

Let this order be communicated to the District Magistrate, Nalanda at Bihar Sharif and the Superintendent of Police, Nalanda at Bihar Sharif.

(Sudhir Singh, J) Narendra/- U T