Patna High CourtCR. MISC./30273/2015rejected

Amarnath Deep @ Amar Yadav v. The State Of Bihar Through C.B.I.

2015-12-09Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.30273 of 2015 (4) dt.09-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30273 of 2015 Arising Out of PS.Case No. -230 Year- 1998 Thana -KHAZANIHAT District- PURNIA ======================================================

1. Amarnath Deep @ Amar Yadav son of late Shobhanath Yadav Resident of Village Maranga, P.O. Maranga,P.s. K. Hat, district Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar through CBI.

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

For the Petitioner/s : Mr. Rajesh Ranjan For the Opposite Party/s Mr. Bipin Kumar Sinha (SC/CBI) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 09.12.2015 Heard learned counsel for the petitioner as well as learned counsel for the CBI.

Petitioner is in jail custody for near about 11 years and several times, his prayer for bail was rejected not only by this court but also by the Apex Court.

On previous date, learned counsel for the CBI assured this court to get examine all the prosecution witnesses within the period of four months but the learned trial court has reported that still some prosecution witnesses have been left to be examined. Learned counsel for the CBI submits that cross-examination of one Investigating officer of Bihar police is going on and after that CBI shall examine only three prosecution witnesses for that CBI needs some more time and in any case, CBI shall conclude its evidence by April, 2016.

Considering the aforesaid facts and circumstances as well as

Patna High Court Cr.Misc. No.30273 of 2015 (4) dt.09-12-2015 submissions of the parties, prayer for bail of the petitioner in connection with Sessions Trial no. 1310 of 2005 arising out of R.C. 12 (S) of 1998 pending in the court of Addl. Sessions Judge, IV, Patna stands rejected.

However, the learned trial court is directed to conclude the trial of the petitioner on priority basis even by taking trial of the petitioner on day to day basis.

shahid (Hemant Kumar Srivastava,J) U T