Suraj Kumar Singh @ Suraj Singh @ Chunnu Singh @ Niraj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45765 of 2015 Arising Out of PS.Case No. -1 Year- 2014 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ====================================================== Suraj Kumar Singh @ Suraj Singh @ Chunnu Singh @ Niraj Kumar Singh son of Narendra Singh, Resident of Village- Dhoom Nagar, Police StationMotipur, District- Muzaffarpur, At present R/o Village- Damodarpur, Police Station- Kanti, District- Muzaffarpur.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Bakshi S.R.P. Sinha, Sr. Advocate.

Mr. Lokesh Kumar Singh, Advocate.

For the Opposite Party : Mr. Anand Kishore Choudhary (App) For the S.B.I.

: Mr. Satya Prakash Tripathy, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-05-2016 Heard learned counsel for the petitioner, learned APP for the State as well as learned counsel for the S.B.I. The petitioner seeks bail in Trial No. 5137 of 2015, arising out of Muzaffarpur Sadar P.S. Case No. 01 of 2014, registered for the offences punishable under Sections 406, 420, 467, 468, 471, 120B and 34 of the Indian Penal Code. The gist of the allegation is that the petitioner and Amrendra Singh took Rs. 1.14 Crore from SBI to stack the same in ATM, but they fled away with the money. Prayer for bail of the petitioner was earlier rejected vide order dated 06.02.2015 in Cr. Misc. No. 41523 of 2014 with a direction to trial court to conclude

Patna High Court Cr.Misc. No.45765 of 2015 (8) dt.18-05-2016 2/2 the trial within six months but the trial has not yet been concluded. Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on bail in Trial No. 5137 of 2015, arising out of Muzaffarpur Sadar P.S. Case No. 01 of 2014, pending in the court of Sri A.K. Dixit, the learned Judicial Magistrate, 1st Class, Muzaffarpur. Accordingly, the same is rejected.

It appears from the report of the learned Judicial Magistrate that the trial has already begun, but the same is yet to be concluded. The learned Judicial Magistrate is directed to hold the trial on day-to-day basis and conclude the same positively within four months. If the trial is not concluded within four months the petitioner may renew his prayer for bail. The S.S.P., Muzaffarpur is directed to ensure that all the witnesses must be present during course of trial so that trial must be concluded within four months.

The learned Judicial Magistrate is further directed to report this Court if S.S.P., Muzaffarpur fails to produce prosecution witnesses.

(Prabhat Kumar Jha, J.) KKSINHA/- U T