← Library
Patna High CourtCR. MISC./31529/2019dismissed

Makaru Hembram @ Makrul Hembram v. The State Of Bihar

2019-06-19Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 31529 of 2019 Arising Out of PS. Case No.-347 Year-2018 Thana- Gogri District- Khagaria ====================================================== Makaru Hembram @ Makrul Hembram aged about 57 years, Male, S/o Late Bisu Hembram, Resident of Village- Padsthapit Gogri, P.S.- Khagaria, District- Khagaria.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. A.B. Ojha, Advocate Mr. Nitesh Kumar, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

19-06-2019 Heard Sri A.B. Ojha, learned counsel assisted by Sri Nitesh Kumar, learned counsel for the petitioner and Sri Shyameshwar Dayal, learned Addl. Public Prosecutor. The petitioner, who is in custody in Gogri P.S. Case No. 347 of 2018 on an accusation of demanding and accepting illegal gratification under Sections 12 and 13 of the Prevention of Corruption Act, 1988, has prayed for grant of bail. Sri Ojha, learned counsel for the petitioner has argued that the petitioner has already remained in custody for sufficient period and he is in custody since 12-10-2018. Sri Shyameshwar Dayal, learned Addl. Public Prosecutor submits that in this case, chargesheet has already been submitted.

Patna High Court CR. MISC. No.31529 of 2019(3) dt.19-06-2019 2/2 Since it is a trap case, there is every possibility that in such cases, mostly official witnesses are required to be examined, besides few independent witnesses. In that view of the matter, instead of extending the privilege of bail, it is desirable to direct the trial court to take step for early disposal of the case. The learned trial court is also directed to take up the case at least twice in a week so that the case may come to its logical end without any further delay.

The Vigilance Investigation Bureau, through its Additional Director, is directed to ensure presence of witnesses as and when required by the trial court.

The learned trial court may take step so that the case may come to its logical end preferably within a period of three months from the date of receipt/production of copy of this order. With above observation, the prayer for bail stands dismissed.

Let a copy of this order be communicated to the Addl. Director, Vigilance Investigation Bureau, Bihar, Patna. (Rakesh Kumar, J.) anay U T