Tuntun Chaudhari @ Chhote Sukla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32289 of 2019 Arising Out of PS. Case No.-21 Year-2011 Thana- SAMHO District- Begusarai ====================================================== TUNTUN CHAUDHARI @ CHHOTE SUKLA Son of Late Dhanik Chaudhari Resident of Village - Akbarpur Naya Tola Dhanha, P.S.- Samho, Distt - Begusarai.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-08-2019 Heard the parties.

Earlier the prayer for bail of the petitioner was rejected by this Court, vide order dated 15.2.2017 passed in Cr. Misc. No.5160 of 2017 and again vide order dated 2.5.2018 passed in Cr. Misc. No.11398 of 2018. There is allegation agains the petitioner of firing on the deceased causing his death. Submission of the learned counsel for the petitioner is that he is in custody for five years and up till now there is no substantive progress in the trial.. Heard learned A.P.P. and perused the report submitted by the learned trial court, from which it appears that in this case one accused was absent as such the trial has not been proceeded now separating the trial of the petitioner,

Patna High Court CR. MISC. No.32289 of 2019(4) dt.14-08-2019 2/2 summons have been issued against the witnesses and two witnesses have already been examined and the learned trial court has sought for six months time to conclude the trial.. Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner, however, the learned trial court is directed to expedite the trial and try to conduct it on regular basis so that it may be concluded within a period of six months from the date of receipt of the order.

At the same time, the S.P., Begusarai is directed to produce the witnesses in the court on the date fixed so that the trial may be concluded .

The learned trial court and the S.P., Begusarai are directed to send the monthly report to this Court along with the progress of the trial..

With the aforesaid direction, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T