Patna High CourtCR. MISC./47011/2021dismissed

Shambhu Thakur @ Shambhu Kumar Thakur v. The State Of Bihar

2021-12-15Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47011 of 2021 Arising Out of PS. Case No.-154 Year-2019 Thana- BIHARIGANJ District- Madhepura ====================================================== SHAMBHU THAKUR @ SHAMBHU KUMAR THAKUR S/o Late Damodar Thakur R/o village- Tulsiya, Ward No.- 02, P.S.- Bihariganj, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rupesh Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner seeks bail in Bihariganj P.S. Case No. 154 of 2019 registered under Section 395 corresponding to Sessions Trial No. 49 of 2020.

Earlier prayer for bail of the petitioner was rejected taking into account that the informant had identified the petitioner in course of dacoity and, stolen articles are said to have been recovered from possession of the petitioner.

A report was called for from the trial court. It has been

Patna High Court CR. MISC. No.47011 of 2021(3) dt.15-12-2021 2/2 reported that out of five prosecution witnesses, two prosecution witnesses have already been examined. The trial is likely to be concluded within a period of six months.

Considering the nature of accusation and stage of the case, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner is rejected. Learned trial court is directed to take all necessary steps to conclude the trial preferably, within a period of six months from the date of receipt/production of copy of the order. The District Magistrate and the Superintendent of Police, Madhepura are directed to ensure the production of witnesses on the date fixed by the trial court so that the trial could be concluded within the stipulated period of six months. Let a copy of this order be communicated to the District Magistrate and the Superintendent of Police, Madhepura for needful.

(Sudhir Singh, J) A.K.V.//- U T