Jitendra Giri v. The State Of Bihar

Patna High Court Cr.Misc. No.49457 of 2014 (03) dt.27-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49457 of 2014 Arising Out of PS.Case No. -71 Year- 2012 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Jitendra Giri .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mrs. Sharda Kumari- (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 27-03-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor assisted by learned counsel for the informant.

Also gone through the report submitted by the learned lower Court having at 'Flag-A'. The learned counsel for the informant fairly concedes that up-till-now only three witnesses have been examined and further submitted that he is ready to cooperate with the trial and accordingly, he undertakes to have presence of all the witnesses on the next day so fixed before the learned lower Court.

Hoping that on the next day which has not been disclosed by the learned lower Court, informant will produce all the non-official witnesses, failing which informant will be accountable for illegal detention of the petitioner as, from his

Patna High Court Cr.Misc. No.49457 of 2014 (03) dt.27-03-2015 conduct, it will be presumed that he is more interested in getting the petitioner's confinement than to proceed with the case and for that the informant will be penalized as well as petitioner Jitendra Giri will be released on bail by the learned lower court itself irrespective of allegation whatever he carries to the satisfaction of the learned lower Court.

The Superintendent of Police, West Champaran at Bettiah is also directed to produce the official witnesses on the next day relating to Bettiah Mufassil (Manuapul) P. S. Case no.71 of 2012 leading to Sessions Trial No.137 of 2013 pending before the learned Additional Sessions Judge-4th, West Champaran at Bettiah. Side by side the Presiding Officer concerned is directed to record evidence of all the PWs present before him without granting adjournment and will intimate the Court accordingly. With the aforesaid observation/ direction, instant petition is disposed of.

(Aditya Kumar Trivedi, J) Vikash/- U T