Shambhu Baitha v. The State Of Bihar

Patna High Court Cr.Misc. No.2383 of 2015 (03) dt.01-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2383 of 2015 Arising Out of PS.Case No. -76 Year- 2013 Thana -BHELDI District- SARAN ====================================================== Shambhu Baitha .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Shyam Bihari Singh(A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 01-04-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

Gone through the report submitted by the Incharge 4th Additional Sessions Judge, Saran at Chapra. From perusal of the report, it is apparent that Court is vacant and on account thereof, the learned Sessions Judge, Saran at Chapra is directed to recall the file and proceed with the trial himself and will endeavour to conclude the trial within six months. Side by side the Superintendent of Police, Saran at Chapra is directed to produce all the witnesses positively, so that trial be concluded within six months, failing which he will be accountable for disobedience of the Court's order.

For the present, taking into account the allegation, I do not see it a fit case for reconsideration.

Patna High Court Cr.Misc. No.2383 of 2015 (03) dt.01-04-2015 Consequent thereupon, prayer of petitioner for bail is rejected. If the trial is not concluded within six months as stipulated above, then in that event, petitioner will be released by the learned Sessions Judge itself on bail to its own satisfaction. (Aditya Kumar Trivedi, J) Vikash/- U T