Guddu Kumar Mahto @ Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4718 of 2018 Arising Out of PS.Case No. -790 Year- 2016 Thana -AHIAPUR District- MUZAFFARPUR ====================================================== Guddu Kumar Mahto @ Guddu Kumar, S/o Badri Narayan Mahto, resident of Village- Garha, P.S.- Laduniya, District- Madhubani. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Verma For the Opposite Party/s : Mr. Sri Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-04-2018 Heard both sides.

The petitioner seeks bail in S.T. No.436 of 2017, arising out of Ahiyapur P.S. Case No.790/2016, G.R. No.4995 of 2016, registered under Sections 395/397 of the Indian Penal Code. Learned counsel for the petitioner submits that the prayer for bail of the petitioner was earlier rejected vide order dated 20.06.2017 passed in Cr. Misc. No.19660 of 2017 but the trial has not yet been concluded. Nothing has been recovered from the possession of the petitioner. On the basis of confession of the petitioner, looted articles was recovered from the house of Ramdhani Mahto and for that the petitioner is in jail since 26.12.2016 i.e. for the last 16 months.

The report was called for from the 8th Additional Sessions Judge, Muzaffarpur, who is in seisin of Sessions Trial No. 436 of 2017, arising out of Ahiyapur P.S. Case No.790/2016

Patna High Court Cr.Misc. No.4718 of 2018 (3) dt.25-04-2018 2/2 and the learned Additional Sessions Judge-8th, Muzaffarpur reported that the trial is still pending for evidence. It is a case of road robbery, in which, truck bearing registration no.PB13-AR7991 was robbed and the petitioner was arrested and in pursuance of the confession of the petitioner, looted article was recovered from the house of Ramdhani Mahto.

Considering the facts aforesaid, 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 6 months from the date of receipt of this order.

The Senior Superintendent of Police, Muzaffarpur is also directed to ensure the attendance of the prosecution witnesses in the trial court in connection with S.T. No.436 of 2017, arising out of Ahiyapur P.S. Case No.790/2016, so that the trial must be concluded within 6 months. If the trial is not concluded within 6 months, the petitioner may renew his prayer for bail. Let a copy of this order be sent to the Trial court as well as Senior Superintendent of Police, Muzaffarpur for information and needful.

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