Pappu Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.38708 of 2014 (6) dt.16-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38708 of 2014 Arising Out of PS.Case No. -17 Year- 2005 Thana -RIVILGANJ District- SARAN ====================================================== Pappu Singh Son of Sri Shivjee Singh resident of village- Enai, P.S.- Revilganj, District- Chapra, Saran .... .... Petitioner

Versus

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

For the Petitioner : Mr. Alok, Advocate For the Opposite Party : Mr. B.M.P.Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody in connection with Sessions Trial No.819 of 2010 arising out of Revilganj P.S.Case No.17 of 2005 pending in the Court of Adhoc Additional District and Sessions Judge-V, Saran at Chapra registered for an offence under Sections 302/34 of the IPC.

The earlier bail application of the petitioner was rejected vide Cr.Misc.No.41687 of 2012 dated 25.07.2013 with a direction to the trial Court to expedite the trial and conclude the same. This is the second attempt on behalf of the petitioner for grant of regular bail.

Learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.38708 of 2014 (6) dt.16-08-2016 petitioner is in custody since 25.05.2012 and other co-accused persons have been granted bail by this Court vide Annexure-3 series to the present application.

A report was called for from the trial Court regarding the stage of the case, the same is kept at flag-'B'. It has been reported that out of ten prosecution witnesses only four witnesses have been examined and process has already been issued against the rest of the witnesses.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner, the same is rejected. The Court below is directed to take all necessary steps to conclude the trial within a period of six months from the date of receipt/production of a copy of this order.

The District Magistrate, and the Superintendent of Police, Saran at Chapra are directed to ensure that the prosecution witnesses are produced on the date fixed by the trial Court so that the trial could be concluded within the stipulated period as indicated above.

(Sudhir Singh, J) B.Kr./- U T