Patna High CourtCR. MISC./43682/2014disposed

Sanjay Mistri @ Badhhaiba @ Sanjay Kumar v. The State Of Bihar

2015-08-27Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43682 of 2014 Arising Out of PS.Case No. -133 Year- 2010 Thana -BARAHIYA District- LAKHISARAI ====================================================== Sanjay Mistri @ Badhhaiba @ Sanjay Kumar Son of Sri Kant Mistri R/o Village + P.S. - Barhiya, Distt. - Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lakshmi Kant Sharma, Adv For the Opposite Party/s : Shahin Begum(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 27-08-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation against the petitioner for the offences punishable under Sections-302/34 of the Indian Penal Code and that the petitioner has chequered criminal record, this Court would not be inclined to direct for his release on bail and therefore, all that can be done is that a direction should be issued to the trial Court.

That being so, the trial Court is directed to ensure that the trial of the petitioner arising out of Barahia P.S. Case No. 133 of 2010 giving rise to Sessions Trial No.

Patna High Court Cr.Misc. No.43682 of 2014 (6) dt.27-08-2015 280 of 2014, must be expedited and also concluded within a period of one year from the date of receipt of this order.

This Court would also accordingly direct the Superintendent of Police, Lakhisarai to ensure that the prosecution witnesses must be made to appear in the aforementioned criminal case within a maximum period of six months from the date of receipt of this order, so that the trial Court shall dispose of the trial of the petitioner in the aforementioned time frame of one year. Let a copy of this order to sent to the trial Court as also to the Superintendent of Police, Lakhisarai for its compliance in the letter and spirit.

(Mihir Kumar Jha, J) Ranjan/- U T