Patna High CourtCR. MISC./32265/2020rejected

Chhabila Rai v. The State Of Bihar

2021-03-25Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32265 of 2020 Arising Out of PS. Case No.-160 Year-2016 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Chhabila Rai Son of Chandrika Rai Resident of Village Madhopur Hazari, P.S. Sahebganj, District Muzaffarpur.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Arun Kumar, Advocate For the State :

Mr. Umanath Mishra, APP For the Informant :

Mr. Nachiketa Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 25-03-2021 Perused the report dated 15th of March, 2021 of 11th Additional Sessions Judge, Muzaffarpur.

It appears from the report that due to Covid-19, trial could not be concluded. Prayer has been made for further nine months time to conclude the trial.

While refusing the prayer for bail vide order dated 29.01.2019 passed in Cr. Misc. No.75614 of 2018 by this Court, the court below was directed to conclude the trial after completing all formalities within a period of nine months. In the peculiar facts and circumstances of the case, the court below is directed to conclude the trial on day-to-day basis within a period of six months from today. Senior Superintendent of Police, Muzaffarpur is

Patna High Court CR. MISC. No.32265 of 2020(4) dt.25-03-2021 2/2 directed to ensure production of all the prosecution witnesses for their examination within a period of two months so that the trial may be concluded within time stipulated hereinabove. In the event there is no laches on the part of the petitioner, the court below shall release the petitioner on bail on appropriate terms and conditions. The court below is under obligation to furnish reasons for not following the observations made by this Court vide order dated 29.01.2019 passed in Cr. Misc. No.75614 of 2018 and submit a failure report before Registrar (Vigilance) of this Court.

The application stands disposed of.

Let a copy of this order be communicated to the Registrar (Vigilance) of this Court for appropriate action. (Anil Kumar Upadhyay, J) BT/- U T