Umesh Singh And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22062 of 2015 Arising Out of PS.Case No. -127 Year- 1993 Thana -PARSA District- SARAN ======================================================

1. Umesh Singh, S/o Brijnandan Singh

2. Sunil Singh, S/o Sachitanand Singh Both resident of village Bakshanda, P.S. Parsa, District- Saran at Chapra .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s : Mr. T.P.Mandal (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-07-2015 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioner is in custody in connection with Parsa P.S. Case No.127 of 1993 (S.Tr. No.154 of 2013) registered for the offences punishable under Sections 147, 148, 149, 427, 323, 336 and 506 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3/5 of the Explosive Substances Act, which is pending in the court of learned Additional District & Sessions Judge-II, Saran at Chapra.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 15.4.2015. It is further submitted that the case relates to misuse of bail. It has been

Patna High Court Cr.Misc. No.22062 of 2015 (2) dt.14-07-2015 2/2 submitted that the present case relates to the year 1993 and the petitioners had been regularly appearing till 2002, but when petitioner no.1 had to go for open heart surgery as he was not keeping good health, hence proper Pairvi could not be made on his behalf. It is further submitted that the charge has been framed in the case.

On behalf of the State, it is submitted that it is a case of gross misuse of bail on the part of the petitioners. Considering the aforesaid facts and circumstances, it is directed that the trial court should take all steps to conclude the trial within a period of three months from the date of receipt/production of a copy of this order as the case relates to the year 1993. However, if the trial is not concluded within the stipulated period, the petitioners shall be granted bail by the court below itself.

With the aforesaid observations/directions, the application stands dismissed.

(Sudhir Singh, J) PNM U T