Patna High CourtCR. MISC./1291/2016rejected

Vijay Chauhan v. The State Of Bihar

2016-05-18Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1291 of 2016 Arising Out of PS.Case No. -174 Year- 2014 Thana -NARHAT District- NAWADA ======================================================

1. Vijay Chauhan S/o Sohar Chauhan, Resident of village- Laxhmipur, P.S.- Sitamadhi, District- Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vishwa Ranjan Choudhary For the Opposite Party/s : Mr. M.K. Nirala (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-05-2016 Heard the learned counsel for the petitioner, the State and the learned counsel for the informant.

The petitioner seeks bail in a case under Section 302 and other sections of the Indian Penal Code.

The prayer of petitioner for bail was earlier rejected by this court vide order dated 16.06.2015 passed in Cr. Misc. No. 19626 of 2015. The petitioner is alleged to have assaulted the deceased with iron rod.

It is submitted that almost a year has elapsed but the trial has not yet been concluded.

Learned counsel for the informant submits that one witness, Muneshwar Chouhan, has been examined on 02.05.2016 and prosecution is ready to examine all the witnesses.

Patna High Court Cr.Misc. No.1291 of 2016 (4) dt.18-05-2016 2/2 Considering the nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

The learned trial court is directed to expedite the trial and hold the trial on day to day basis and conclude the same within six months from today as the prosecution is also willing to examine the witnesses on each and every date. The Superintendent of police, Nawada is also directed to ensure the attendance of witnesses during the course of trial so that the trial must be concluded within six months from the date of receipt of this order.

(Prabhat Kumar Jha, J) BKS/- U T