Patna High CourtCR. MISC./30863/2015rejected

Amit Kumar @ Amit Kumar Gupta v. The State Of Bihar

2015-08-05Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30863 of 2015 Arising Out of PS.Case No. -353 Year- 2013 Thana -CIVIL LINE District- GAYA ======================================================

1. Amit Kumar @ Amit Kumar Gupta Son of Hanuman Prasads Gupta Resident of Mohalla - Panchmahala, Andar Gaya, P.S. Civil Lines, District - Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mrigendra Pratap Singh For the Opposite Party/s : Mr. Ram Bachan Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 05-08-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has renewed his prayer for bail in connection with Sessions Trial No. 43 of 2014/ 76 of 2014 arising out of Civil Lines P.S. Case No. 353 of 2013 registered for the offence punishable under section 302 read with 34 of the Indian Penal Code.

The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 22.07.2014 passed in Cr.Misc. No. 23794 of 2014.

It is contended that though the petitioner is in custody since 14th August, 2013, no witness has been examined on behalf of the prosecution till date.

Patna High Court Cr.Misc. No.30863 of 2015 (4) dt.05-08-2015 2/2 Regard being had to the reasons assigned in the aforesaid order dated 22.07.2014, I am not inclined to grant bail to the petitioner for the present. The trial court is directed to hold the trial on day to day basis and conclude the same as early as possible preferably within seven months from the date of receipt/production of a copy of the order, failing which the petitioner would be at liberty to renew his prayer for bail before the court below itself. In such an eventuality, while disposing of the application for bail on merit the court below must assign specific reasons as to why the trial could not be concluded within the stipulated period.

With this observation, the application is dismissed. (Ashwani Kumar Singh, J) Pradeep/- U