Patna High CourtCR. MISC./22584/2018rejected

Kajru Manjhi v. The State Of Bihar

2018-07-11Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.22584 of 2018 (5) dt.11-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22584 of 2018 Arising Out of PS.Case No. -74 Year- 2011 Thana -DHARHARA District- MUNGER ======================================================

1. Kajru Manjhi S/o Late Jamun Manjhi, R/o Vill.- Dharampur, P.S.- Dharhara, District- Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 11.07.2018 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Trial court has reported that one witness was examined on 5.1.2018 and trial court has already taken steps to procure the attendance of prosecution witnesses. Trial court has sought two months more time for disposal of Session trial no. 259/2016.

Supplementary affidavit has been filed on behalf of the petitioner mentioning therein that up till now two prosecution witnesses have been examined and there is no likelihood of conclusion of trial of the petitioner in near future. It is further pointed out by him that the petitioner is in jail custody since 17.12.2014.

Patna High Court Cr.Misc. No.22584 of 2018 (5) dt.11-07-2018 Considering the aforesaid facts and circumstances as well as submissions of the parties, again, I am not inclined to release the petitioner on bail and accordingly, his prayer for bail in connection with Session trial no. 259/2016 arising out of Dharhara P.S. Case no. 74/2011 pending in the court of Addl. Sessions Judge II, Munger stands rejected.

However, learned trial court must expedite the trial of the petitioner and conclude the same within the period as fixed by the trial court itself. However, petitioner may renew his payer for bail, if his trial is not concluded within two months from today.

Let a copy of this order be communicated to the trial court without any delay.

shahid (Hemant Kumar Srivastava,J) U T