Patna High CourtCR. MISC./40854/2015dismissed

Raghu Ranjan Kumar v. The State Of Bihar

2016-09-02Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 40854 of 2015 Arising Out of PS.Case No. -12 Year- 2011 Thana -KOTHI District- GAYA =========================================================== Raghu Ranjan Kumar Son of Sheo Shankar Prasad Resident of Village : Basura, P.S. Kothi, District : Gaya, Bihar.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.

For the Opposite Party/s :

Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 02-09-2016 Heard learned counsel for the parties.

The petitioner seeks bail in Kothi P.S. Case No. 12 if 2011 dated 19.03.2011 instituted under Sections 364/394 of the Indian Penal Code.

This is the second attempt of the petitioner for bail in connection with Kothi P.S. Case No. 12 of 2011 as earlier such prayer was rejected by order dated 28.07.2014 in Cr. Misc. No. 12028 of 2014. However, the Court below was directed to expedite the trial and conclude the same within nine months. It is submitted that the petitioner is in jail for almost 5 years and 5 months. The Court does not find such ground to have any bearing on the merits of the case and further as learned counsel has not been able to show to the Court any mitigating intervening circumstances after the earlier rejection order dated 28.07.2014, the application stands dismissed.

Patna High Court Cr.Misc. No.40854 of 2015 dt.02-09-2016 2/2 However, the District and Sessions Judge, Gaya is directed to assign the case to a functioning Court which shall conclude the trial expeditiously and in any case within four months, failing which this Court may be constrained to take a strict view in the matter. The Senior Superintendent of Police, Gaya shall also cooperate in the matter.

Registry shall communicate the order to the Court below and the Senior Superintendent of Police, Gaya by Fax also forthwith.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR NAFR CAV DATE N/A Uploading Date Transmission Date N/A