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Patna High CourtCR. MISC./20463/2015dismissed

Subodh Sah @ Lulha @ Subodh Mahto v. The State Of Bihar

2016-03-09Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20463 of 2015 Arising Out of PS.Case No. -247 Year- 2013 Thana -BARH District- PATNA =========================================================== Subodh Sah @ Lulha @ Subodh Mahto, son of Naresh Mahto, resident of village - Kali Asthan, Buranichak, Police Station - Barh, District - Patna. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s :

For the Opposite Party/s :

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 09-03-2016 Heard learned counsel for the parties.

The petitioner seeks bail in connection with Sessions Trial No. 174 of 2014 arising out of Barh P.S.Case No. 247 of 2013 instituted under Sections 323, 324, 341 and 302/34 of the Indian Penal Code.

This is the second attempt of the petitioner for bail as earlier such prayer was rejected by order dated 08.07.2014 in Cr. Misc. No 19673 of 2014.

Learned counsel submits that though the prayer of the petitioner for bail was earlier rejected, however, the court below was directed to expedite the trial and conclude the same within nine months, which has not been done.

From the report which was called for from the court

Patna High Court Cr.Misc. No.20463 of 2015 dt.09-03-2016 2/2 below, it appears that the order of the Court dated 08.07.2014 in Cr. Misc. No. 19673 of 2014 was never put up before the court and thus, it remained uncomplied with.

In view of the reasons recorded in the earlier order dated 08.07.2015 and no fresh ground having been made out, this Court does not find any occasion to reconsider the prayer for bail of the petitioner. Accordingly, the application stands dismissed. However, the court below is directed to ensure that the trial is concluded positively within a period of six months failing which the Court may take strict view in the matter. Registry is directed to communicate the order to the court below through Fax also latest by tomorrow. (Ahsanuddin Amanullah, J) Sujit/- U