Sanjiv Kumar @ Nepali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9377 of 2017 Arising Out of PS.Case No. -531 Year- 2014 Thana -MANER District- PATNA ======================================================

1. Sanjiv Kumar @ Nepali Son of Hulas Rai, Resident of Village- Beyapur, Police Station-Maner, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay,Advocate For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-04-2017 Heard learned counsel for the Petitioner and the State. The Petitioner seeks bail in S.T. No.745 of 2015 arising out of Maner P.S. case No.531 of 2014 instituted for the offence under Sections 147, 148, 149, 323, 341, 504 and 302 of the Indian Penal Code and 27 of the Arms Act, pending in the court of learned A.D.J. VII, Danapur, Patna.

The earlier bail application of the petitioner was rejected vide Annexure-1 to the present application taking into account that the petitioner is the assailant. Postmortem report also supported the allegations made in the F.I.R. The other witnesses in course of investigation had also supported the allegations. A report was called for from the Trial Court regarding the stage of the trial. It has been reported that out of ten

Patna High Court Cr.Misc. No.9377 of 2017 (3) dt.26-04-2017 2/2 prosecution witnesses, seven have already been examined and dasti summons have been issued against the official witnesses. The trial is expected to be concluded within a period of 2-3 months.

Considering the aforesaid facts and the stage of the trial, I am not inclined to grant bail to the petitioner. The same is rejected. The Trial Court is directed to take all necessary steps to conclude the trial as early as possible.

The District Magistrate, Patna and the Senior Superintendent of Police, Patna are also directed to take necessary steps to produce the remaining witnesses on the date fixed in the Trial Court so that the trial could be concluded within the stipulated period.

Let this order be communicated to the District Magistrate, Patna and the Senior Superintendent of Police, Patna. (Sudhir Singh, J) Narendra/- U T