Mithilesh Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.11652 of 2016 (3) dt.24-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11652 of 2016 Arising Out of PS.Case No. -37 Year- 2012 Thana -PIPRIYA SAHAYAK District- LAKHISARAI ====================================================== Mithilesh Singh, Son of Late Bisho Singh, Resident of Village- Walipur, P.S.- Piparia, District- Lakhisarai.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Nilesh Kumar, Advocate For the Opposite Party : Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-08-2016 Heard both sides.

Petitioner seeks bail in Piparia P.S.Case No.37 of 2012 corresponding to Sessions Trial No.503 of 2014 registered for an offence under Sections 302/34 of the IPC and Section 27 of the Arms Act.

The prayer for bail of the petitioner was earlier rejected vide order dated 12.01.2015 passed in Cr.Misc.No.30673 of 2014 with a direction to the trial Court to expedite and conclude the trial preferably within a period of one year.

The petitioner is alleged to have fired causing the death of Ramashish Singh, the uncle of the informant. Sri Ajay Kumar Thakur, learned counsel for the petitioner submits that the trial has not yet been concluded but

Patna High Court Cr.Misc. No.11652 of 2016 (3) dt.24-08-2016 from perusal of the report of the Superintendent of Police, Lakhisarai, it appears that the witnesses have been examined and only doctor and investigating officer are yet to be examined. Considering the aforesaid facts and circumstances, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is again rejected. The trial Court is directed to expedite the trial on day to day basis and conclude the same within four months from the date of receipt of a copy of this order. The Superintendent of Police, Lakhisarai is directed to take steps to procure the attendance of the remaining witnesses on the date fixed in Piparia P.S.Case No.37 of 2012 corresponding to Sessions Trial No.

503 of 2014 and the Court of Additional Sessions Judge-IV, Lakhisarai is also directed to proceed with the trial so that the trial must be concluded within a period of four months. If the trial is not concluded within the aforesaid period, the petitioner may renew his prayer for bail. (Prabhat Kumar Jha, J) B.Kr.