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Patna High CourtCR. MISC./9678/2016rejected

Sharma Ram @ Sanjeet Kr. Ram v. The State Of Bihar

2016-05-04Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9678 of 2016 Arising Out of PS.Case No. -96 Year- 2014 Thana -HUSAINGANJ District- SIWAN ======================================================

1. Sharma Ram @ Sanjeet Kr. Ram Son of Ramjee Ram aged about 20 years resident of Village- Jurkan Post Markan, P.s Hussaingari District Siwan Bihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar For the Opposite Party/s : Mr. Anil Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04-05-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-307, 302 & other minor sections of the Indian Penal Code.

Taking into consideration that the petitioner happens to be main assailant, I am not inclined to release the petitioner on bail and accordingly, his prayer for bail in connection with Hussainganj P.S. Case No. 96 of 2014 corresponding to Sessions Trial No. 446 of 2014 pending in the court of Learned Additional District & Sessions Judge-IV, Siwan stands rejected. However, learned trial court should expedite the trial of the petitioner and try to conclude the same as early as possible,

Patna High Court Cr.Misc. No.9678 of 2016 (2) dt.04-05-2016 2/2 preferably, within six months from the date of receipt/production of copy of this order, because the petitioner is languishing in jail custody since long and no person can be kept behind the bar for indefinite period at pre-conviction stage.

However, it is made clear that if, the trial of the petitioner is not concluded within six months from the date of receipt/production of copy of this order, the petitioner may renew his prayer for bail before the learned trial court itself. Let copy of this order be sent to the Superintendent of Police, Siwan with direction to him to ensure the presence of prosecution witnesses before the above-said trial court within a month from the date of receipt/production of copy of this order, failing which, the matter shall be viewed seriously. (Hemant Kumar Srivastava, J) A.K.V./- U T