Haresh Ray @ Haresh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28202 of 2018 Arising Out of PS.Case No. -24 Year- 2017 Thana -PANCHRUKHI District- SIWAN ====================================================== Haresh Ray @ Haresh Rai, Son of Sheo Jee Ray @ Shiva Ji Ray, Resident of Village- Aghara, Police Station- Marhaura, District- Chapra (Saran). .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s : Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-07-2018 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Pachrukhi P.S. Case No. 24 of 2017 for the offence under Sections 420 and 409 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner has not involved in the instant case and the persons, who have played role in the instant case, have been granted bail on payment of certain amount. He further submits that this petitioner is not the beneficiary and as such is not ready to make payment of any amount. Learned counsel submits that the case is triable by the Magistrate and the law ordains the trial court to conclude the trial within 60 days from the date of notice to the accused. He submits that taking the aforesaid mandatory requirement of law, the trial court ought to have concluded the trial as yet. He submits
Patna High Court Cr.Misc. No.28202 of 2018 (3) dt.05-07-2018 2/2 that the trial court may be directed to conclude the trial within a period of two months, which is outer limit for conclusion of the trial in the cases triable by the Magistrate. In view of the above, the prayer for bail of the petitioner is rejected. However, the trial court is directed to conclude the trial within the time frame of 60 days from the date of receipt/production of a copy of this order, failing which the petitioner is entitled to grant of bail by the trial court itself on completion of 60 days.
(Anil Kumar Upadhyay, J) Uday/- U T