Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9869 of 2015 Arising Out of PS.Case No. -88 Year- 2012 Thana -DULHIN BAZAR District- PATNA ======================================================
1. Sonu Kumar Son of Vijay Singh @ Vijay Bose resident of village Kasimchak, P.S. Dulhin Bazar, District Patna .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Abinash Kumar For the Opposite Party/s : Mr. Ram Naresh Roy (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 22-04-2015 Heard learned counsel for the petitioner as well as leaned Additional Public Prosecutor for the State. The petitioner is languishing in jail custody since 2606-2012 and it is very unfortunate that uptill now, charge could not be framed.
The trial court has reported that Sessions Trial No. 237 of 2013 was received in his court on 25-04-2014 and prior to that, the aforesaid case was pending in the court of Additional Sessions Judge-VI, Danapur where a petition u/S 227 of the Cr. P.C. was filed on 16-08-2013 which was disposed off by the trial court on 06-02-2015 and thereafter, due to non-appearance of coaccused persons, charge could not be framed. Considering the aforesaid facts as well as submission
Patna High Court Cr.Misc. No.9869 of 2015 (3) dt.22-04-2015 of the parties, I am not inclined to grant privilege of bail to the petitioner and accordingly, prayer for bail of the petitioner in connection with Sessions Trial No. 237 of 2013/Tr. No. 696 of 2014 arising out of Dulhin Bazar P.S. Case No. 88 of 2012 pending in the court of Learned Additional Session Judge-Vth, Danapur, Patna is again rejected on the grounds, mentioned by this court in its previous order dated 30-09-2013 passed in Cr. Misc. No. 13025 of 2013.
However, Learned Additional Session Judge-Vth, Danapur, Patna/concerned court is directed to conclude the trial of the petitioner within six months from the date of receipt/production of copy of this order and if, the trial of the petitioner is not concluded due to laches on the part of the prosecution, the petitioner may renew his prayer for bail before the learned trial court itself.
Let a copy of this order be communicated to the court of Learned Additional Session Judge-Vth, Danapur/concerned court through fax without any delay.
(Hemant Kumar Srivastava, J) A.K.V./- U T