Gopal Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20026 of 2016 Arising Out of PS.Case No. -312 Year- 2014 Thana -KARAHGAR District- SASARAM (ROHTAS) ======================================================

1. Gopal Pandey Son of Sahjanand Pandey Resident of Village- Bhaluari Police Station Kargahar, District Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Md.Fahimuddin (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05-10-2016 Heard.

Learned trial court has reported that charge against the petitioner was framed on 27-01-2016 and uptill now, only one prosecution witness could be examined.

Petitioner is languishing in jail custody since 27-042015 and earlier his prayer for bail was rejected by this court vide order dated 09-11-2015 passed in Cr. Misc. No. 39263 of 2015. It is a matter of common knowledge that an accused cannot be detained in judicial custody for an indefinite period without any substantive progress in his trial but in the present case, since charge has already been framed and the trial of the petitioner has commenced, I do not think it proper to release him on bail and, accordingly, his prayed for bail in connection with

Patna High Court Cr.Misc. No.20026 of 2016 (3) dt.05-10-2016 2/2 Karagahar P.S. Case No. 312 of 2014 is, again rejected. However, learned trial court is directed to expedite the trial of the petitioner and try to conclude the same as early as possible, preferably, within six months from the date of receipt/production of copy of this order, even by taking the trial of the petitioner on day-to-day basis, failing which, the petitioner may renew his prayer for bail before the learned trial court itself. (Hemant Kumar Srivastava, J) A.K.V./- U T