Patna High CourtCR. MISC./27625/2014disposed

Kamlesh Sahni v. The State Of Bihar

2015-07-29Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27625 of 2014 Arising Out of PS.Case No. -318 Year- 2012 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Kamlesh Sahni S/o Ramayan Sahni Village Murarpur Gulariya tola, P.SHarsiddhi, District- East Champaran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anuj Kumar, Adv. For the Opposite Party/s : Mr. R.N.Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 29-07-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation against the petitioner for offence under sections 467, 468, 471, 420, 385, 387, 506/34 of the Indian Penal Code and the fact that this Court after considering full merits of the case of the petitioner had rejected the prayer for grant of regular bail, it is not inclined to consider the case of the petitioner on merits, especially when no observation was given to the petitioner to move this Court again. As with regard to pendency of the trial there was a report of the trial court dated 14th May, 2015 showing that the trial can be concluded within a period of one year which would mean by the month of May, 2016.

Thus, while the prayer for grant of regular bail of the petitioner is hereby rejected but then the trial court is hereby

Patna High Court Cr.Misc. No.27625 of 2014 (3) dt.29-07-2015 directed to ensure that the trial of the petitioner is expedited and concluded within the time frame given in the report of the Chief Judicial Magistrate, East Champaran dated 14th May, 2015. This Court would also direct the Superintendent of Police of East Champaran District to ensure that the prosecution witnesses in connection with the trial of the petitioner being Harsiddhi P.S.Case No. 318/2012 (Trial No. 3902/2015) are produced within a period of four months from the date of receipt of this order. This application, accordingly, stands disposed of. Let a copy of this order be sent not only to the court of the Chief Judicial Magistrate, East Champaran but also to the Superintendent of Police, East Champaran for its compliance in letter and spirit.

(Mihir Kumar Jha, J) surendra/- U