Patna High CourtCR. MISC./29669/2016dismissed

Shalendar Patel v. State Of Bihar And ANR

2016-08-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29669 of 2016 Arising Out of PS.Case No. -440 Year- 2013 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Shalendar Patel S/o Dinkar Patel, resident of Vill.- Baijnathpur, P.S.- Jharokhar, Dist.- East Champaran .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Haribhajan Patel s/o Rambharos Patel, of Vill.- Sathaura, P.S.- Jharokhar, Dist.- East Champaran.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sangeet Deokuliar For the Opposite Party/s : Mr. Sri Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-08-2016 Earlier the prayer for bail of the petitioner was rejected vide order dated 05.10.2015 in Cr. Misc. No.32978 of 2015 with a direction to the court below to conclude the trial within a period of six months as the petitioner is in custody since 08.09.2014. This is the second attempt for bail on behalf of the petitioner in the light of observation made in the earlier order. A report was called for from the trial court regarding stage of the case. It has been reported that the charges have been framed on 30.11.2015. Process have also been issued against the prosecution witnesses. The Superintendent of Police, East Champaran has also been informed regarding the same vide letter no. 184 dated 02.06.2016 by the trial court. In spite of that no prosecution

Patna High Court Cr.Misc. No.29669 of 2016 (3) dt.10-08-2016 2/2 witnesses have been produced on behalf of the prosecution. The case record is running for evidence of prosecution witnesses since then.

Considering the aforesaid facts and circumstances of the case I am not inclined to grant bail to the petitioner and same is rejected.

The trial court is directed to take all steps to conclude the trial of the case preferably within a period of six months from the date of receipt/ production of a copy of this order. The District Magistrate, East Champaran and the Superintendent of Police, East Champaran are directed to ensure that the prosecution witnesses are produced on the next date fixed by the trial court so that the trial should be concluded within the stipulated period.

Let a copy of this order be communicated to District Magistrate, East Champaran and the Superintendent of Police, East Champaran.

(Sudhir Singh, J) singh/- U T