Patna High CourtCR. MISC./31776/2016rejected

Vishal Badal v. The State Of Bihar

2016-11-30Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31776 of 2016 Arising Out of PS.Case No. -448 Year- 2013 Thana -MAHUA District- VAISHALI(HAJIPUR) ======================================================

1. Vishal Badal Son of Shankar Ram Resident of Village- Daud Nagar (Mirza Nagar), P.S- Mahua, District- Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anish Chandra For the Opposite Party/s : Mr. Sri Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-11-2016 Heard both sides.

The petitioner seeks bail in Mahua P.S. case No. 448 of 2013, corresponding to Sessions Trial No. 244 of 2015, under Section 302, 201/34 of the Indian Penal Code. The learned counsel for the petitioner submits that prayer of petitioner for bail was earlier rejected by this court vide order dated 03.04.2015 passed in Cr. Misc. No. 10633 of 2015 with a direction to the trial court to conclude the trial within one year but the trial has not yet been concluded. From the perusal of the impugned order itself, it appears that seven prosecution witnesses have already been examined and the trial is its fag end.

Considering the facts aforesaid, I am not inclined to

Patna High Court Cr.Misc. No.31776 of 2016 (2) dt.30-11-2016 2/2 enlarge the petitioner on bail. Accordingly, the same is rejected. The learned trial court is directed to hold the trial on day to day basis and conclude the same within four months from the date of receipt of this order.

The Superintendent of Police, Vaishali at Hajipur is directed to ensure the attendance of all the non examined prosecution witnesses of Mahua P.S. case No. 448 of 2013, corresponding to Sessions Trial No. 244 of 2015, in the court of learned 8th Additional Sessions Judge, Vaishali at Hajipur on the date fixed for evidence in the case so that the trial must be concluded within four months.

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