Patna High CourtCR. MISC./20058/2015disposed

Kundan Kumar Mishra @ Kundan Mishra v. The State Of Bihar

2015-09-01Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20058 of 2015 Arising Out of PS.Case No. -785 Year- 2012 Thana -KATIHAR TOWN District- KATIHAR ====================================================== Kundan Kumar Mishra @ Kundan Mishra S/o Raj Nath Mishra Resident of Village - Power House Barmasiya, P.S. - Sahayak, District - Katihar. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar Singh For the Opposite Party/s : Mr. Ajay Kr. Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 01-09-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation for offence under section 307 and other allied sections of the Indian Penal Code and section 27 of the Arms Act while this Court is not inclined to grant bail to the petitioner, inasmuch as such prayer was earlier rejected by an order dated 5.3.2014 in Cr.Misc.No. 16333/2013, this Court keeping in view that the petitioner has a chequered record of criminal antecedent would not be now inclined to entertain fresh prayer for bail of the petitioner, especially when the trial of the petitioner is already under way.

Learned counsel for the petitioner has submitted that 7 to 8 of the prosecution witnesses have already been examined. If that be so, this Court would direct the trial court as also the Superintendent of Police, Katihar to ensure that the remaining

Patna High Court Cr.Misc. No.20058 of 2015 (2) dt.01-09-2015 of the prosecution witnesses must be examined within a period of four months from the date of receipt of this order so that the trial of the petitioner itself comes to an end within a minimum period of six months from the date of receipt of this order. With the aforementioned observation and direction, this application is disposed of.

Let a copy of this order be sent to the Superintendent of Police, Katihar as also the trial court to ensure that S.Tr.No. 70/2014, arising out of Katihar Town Sahayak P.S.Case No. 785/2012 (G.R.No. 4229/2012) is concluded within the aforementioned time frame.

(Mihir Kumar Jha, J) surendra/- U