Patna High CourtCR. MISC./4521/2017rejected

Mithilesh Singh v. The State Of Bihar

2017-03-22Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4521 of 2017 Arising Out of PS.Case No. -37 Year- 2012 Thana -PIPRIYA District- LAKHISARAI ======================================================

1. Mithilesh Singh Son of late Bisho Singh Resident of Village- Balipur Police Station- Pipariya, District- Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rabi Bhushan For the Opposite Party/s : Mr. Sri Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-03-2017 Heard both sides.

The petitioner seeks bail in Pipariya P.S. case No. 37 of 2012, corresponding to Sessions Trial No. 503 of 2014, under Section 302/34 of the Indian Penal Code and under Section 27 of the Arms Act.

The petitioner is alleged to have fired causing the death of uncle of the informant.

The learned counsel for the petitioner submits that prayer of petitioner for bail was earlier rejected by this court but the trial has not yet been concluded in spite of direction of this court.

A report was called for from the trial court and learned 2nd Additional Sessions Judge-Lakhisarai has reported that

Patna High Court Cr.Misc. No.4521 of 2017 (3) dt.22-03-2017 2/2 only two witnesses, including I.O. are left to be examined. Considering the fact that the trial is at its fag end, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

The trial court is directed to hold the trial on day to day basis and conclude the same within three months from the date of receipt/ production of a copy of this order.

The Superintendent of Police, Lakhisarai is directed to ensure the attendance of I.O. of Pipariya P.S. case No. 37 of 2012, corresponding to Sessions Trial No. 503 of 2014, in the court of learned Adhoc Additional Sessions Judge-V, Lakhisarai so that the trial must be concluded within three months.

Let a copy of this order be sent to learned trial court as well as Superintendent of Police, Lakhisarai for information and needful.

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