Sanjay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41259 of 2014 Arising Out of PS.Case No. -74 Year- 1994 Thana -VIJAYPUR District- GOPALGANJ ====================================================== Sanjay Singh son of Late Shiv Nath Singh, Resident of Village- Saupai Tola Khape, P.S. Vijaipur, District- Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mritunjay Prasad Singh For the Opposite Party/s : Mr. Sanjay Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-05-2015 Heard Shri Baxi S.R.P. Sinha, learned Senior Counsel appearing for the petitioner and learned APP. The petitioner seeks his bail in Session Trial No.370 of 2007 arising out of Vijaypur P.S.Case No.74 of 1994 registered under Sections 302, 201, 379 and 34 of the IPC. The petitioner is alleged to have fired near the eye of the deceased. The prayer for bail of this petitioner was earlier rejected five times.

Considering the facts, I am not inclined to enlarge the petitioner on bail and accordingly, the same is rejected. In this connection, a report was called for from the learned 2nd Additional Sessions Judge, Gopalganj regarding the stage of the trial and report has already been received in which it is reported that nine prosecution witnesses have already been examined. On 11.1.2013, the statement of the accused persons have already been recorded but again the case was adjourned. For the last two years the case is being adjourned on one pretext or the other.

Learned 2nd Additional Sessions Judge, Gopalganj, in

Patna High Court Cr.Misc. No.41259 of 2014 (5) dt.15-05-2015 2/2 seisin of the case, is directed to conclude the trial within a period of four months from the date of receipt or production of a copy of this order, preferably on day to day hearing basis without giving any unnecessary adjournment to either side. If the trial is not concluded within four months, the petitioner may renew his prayer for bail firstly in the trial court.

(Prabhat Kumar Jha, J) ahk/- U T