Patna High CourtCR. MISC./53516/2015rejected

Birendra Singh v. The State Of Bihar

2016-02-03Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53516 of 2015 Arising Out of PS.Case No. -90 Year- 2013 Thana -SHEKHPURA District- SEKHPURA ====================================================== Birendra Singh S/o Late Brahmdeo Singh R/o Village- Dheusa Dih, P.S. & District Sheikhpura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dinkar Kumar For the Opposite Party/s : Md. Arif (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03-02-2016 Heard.

Earlier the prayer for bail of the petitioner was rejected by this Court thrice and now it is the fourth attempt on behalf of the petitioner to seek the privilege of bail. While rejecting the prayer for bail by this court vide order dated 18.02.2015 passed in Cr. Misc. No. 41247/2014, the trial court was directed to expedite the trial of the petitioner and conclude the same as early as possible. The trial court has reported that the trial of the petitioner is on the verge of conclusion but due to non-production of witnesses by the Superintendent of Police, Sheikhpura, the trial of the petitioner could not be concluded in time.

Taking note of the aforesaid fact as well as submissions of the parties, I am not inclined to release the

Patna High Court Cr.Misc. No.53516 of 2015 (3) dt.03-02-2016 2/2 petitioner on bail and, accordingly, the prayer for bail in connection with Sheikhpura (Kusumbha O.P.) P.S. Case No. 90/13, corresponding to Sessions Trial No. 606 of 2013, Tr. No. 38/2015, pending in the court of the learned Addl. Sessions Judge, Sheikhpura / concerned court is again rejected. However, the trial court is directed to conclude the trial of the petitioner within four months from the date of receipt / production of a copy of this order.

Let a copy of this order be sent to the Superintendent of Police, Sheikhpura with direction to him to ensure the attendance of the prosecution witnesses before the trial court so that the trial of the petitioner could be concluded within the aforesaid prescribed period.

(Hemant Kumar Srivastava, J) Dilip/- U T