Awadhesh Singh @ Sadhu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43121 of 2015 Arising Out of PS.Case No. -36 Year- 1997 Thana -BAKHTIYARPUR District- PATNA ======================================================

1. Awadhesh Singh @ Sadhu Singh Son of Late Amrud Singh, resident of Village- Sirsi, Police Station- Bakhtiyarpur, District Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Saurabh Kumar For the Opposite Party/s : Mr. Pronoti Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-09-2015 Heard both sides.

The petitioner seeks bail in a case registered for the offences punishable under sections 307, 380 and other allied sections of the Indian Penal Code and section 27 of the Arms Act and section 3⁄4 of the Explosive Substance Act. Petitioner along with his associates is alleged to have fired causing injury to Raju Singh in his left arm. It is submitted that the petitioner is in jail for the last two years but the trial is not progressing. Prayer for bail of the petitioner was earlier rejected twice by a Bench of this Court vide order dated 28.05.2014 and 26.11.2014 Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail in connection with Sessions Trial

Patna High Court Cr.Misc. No.43121 of 2015 (2) dt.18-09-2015 No. 612 of 2014 arising out of Bakhtiyarpur P.S. Case no. 36 of 1997 pending in the court of the learned 5th Additional Sessions Judge, Barh, Patna. His prayer for bail is rejected again. 5th Additional Sessions Judge, Barh, who is in seisin of the case, is directed to expedite and hold the trial of the petitioner on day to day basis and conclude the same within six months from the date of receipt/ production of a copy of this order. If the trial is not concluded within the time aforesaid without any fault of the petitioner, the petitioner may renew his prayer for bail firstly in the trial court.

Deputy Superintendent of Police, Barh is also directed to ensure attendance of the prosecution witnesses in the trial court on the date fixed so that the trial must be concluded within six months.

Let a copy of this order be communicated to the Deputy Superintendent of Police, Barh forthwith for doing the needful.

(Prabhat Kumar Jha, J) Amin/- U