Bijli Saw @ Sumant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39170 of 2022 Arising Out of PS. Case No.-44 Year-2012 Thana- BARH District- Patna ====================================================== BIJLI SAW @ SUMANT KUMAR S/O LATE SHIV SHANKAR SAW Resident of Village- Manjhila Bigha, P.S.- Pandarak, District- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tej Narayan Singh, Adv.

For the Opposite Party/s :

Mr.Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-08-2022 Heard the parties.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of nonremoval of defects within undertaken period, the office will place the matter before the Bench.

The petitioners seek bail in a case registered for the offence punishable u/s 302/34 IPC and 27 of the Arms Act. Earlier, thrice, the prayer for bail of the petitioner was rejected i.e. vide order dated 08.03.2019 passed in Cr. Misc. No.77337/2018, 04.12.2019 passed in Cr. Misc. No.62918/2019 and vide order dated 25.03.2021 passed in Cr. Misc. No.36392/2020.

Now, the petitioner has filed this application for bail. Vide order dated 03.08.2022, a report was called for,

Patna High Court CR. MISC. No.39170 of 2022(3) dt.31-08-2022 2/2 regarding the stage of trial. In compliance thereof, a report sent by learned Additional District and Sessions Judge-Vth, Civil Court, Barh dated 22.08.2022, is kept at flag 'A', whereby it is submitted that bailable and non-bailable warrant was issued against the witnesses and till date three witnesses have been examined.

Considering the submissions made in the report and the nature of allegation, I am not inclined to grant bail to the petitioner named above. The prayer for bail is hereby rejected. Accordingly, the bail application is dismissed. However, the trial court is directed to conclude the trial as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order. The Senior Superintendent of Police, Patna is directed to take steps for production of the witnesses for their examination as and when the date is fixed, so that the trial may be concluded within the time indicated herein above.

(Anjani Kumar Sharan, J) pallavi/- U T