Patna High CourtCR. MISC./35017/2015rejected

Pramod Choudhary v. The State Of Bihar

2015-12-11Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.35017 of 2015 (6) dt.11-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35017 of 2015 Arising Out of PS.Case No. -267 Year- 2014 Thana -BARBIGHA District- SEKHPURA ======================================================

1. Pramod Choudhary Son of Bharat Choudhary Resident of Village - Kewati, Police Station - Barbigha (Kewati O.P.), District - Sheikhpura. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s Mr. Madhuranand Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06/ 11.12.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Earlier prayer for bail of the petitioner was rejected by this court and the trial court has reported that case of the petitioner is pending for recording evidence of defence since 3.10.2010. It appears that trial court has given wrong date in his report because present case was registered in the year 2014 and, therefore, it is surprising as to how case of the petitioner is pending for recording evidence of defence since 3.10.2010.

Moreover, it appears that prosecution has already concluded its evidence and matter is pending for recording defence evidence since long.

Learned counsel for the petitioner submits that petitioner is in jail custody for more than one year and the petitioner wants only one date to adduce his evidence in defence, if any.

Patna High Court Cr.Misc. No.35017 of 2015 (6) dt.11-12-2015 In the aforesaid facts and circumstances as well as submissions of the parties, prayer for bail of the petitioner in connection with G.R. no. 955/2014 arising out of Barbigha P.S. Case no. 267/2014 pending in the court of Addl. District Judge I, Sheikhpura stands rejected with direction to the learned trial court to give only one chance to defence to adduce evidence, if any, and after that proceed with the case and dispose of the same within 45 days from the date of receipt/production of a copy of this order. shahid (Hemant Kumar Srivastava,J) U T