Patna High CourtCR. MISC./28509/2017disposed

Moni Singh v. The State Of Bihar

2017-07-19Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28509 of 2017 Arising Out of PS.Case No. -61 Year- 2015 Thana -NAWAKOTHI District- BEGUSARAI ======================================================

1. Moni Singh Son of Birendra Singh @ Birendra Prasad Singh Resident of Village- Maheshwar, P.S.- Naokothi, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anuj Kumar, Advocate For the Opposite Party/s : Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-07-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This is the second attempt of the petitioner for regular bail in connection with Naokothi P.S. Case No.61 of 2015, corresponding to S.T. No.281 of 2017. Earlier the petitioner had moved Cr. Misc. No.42470 of 2016.

Allegation against the petitioner is that he fired causing injury at the chest of Pankaj. Petitioner is in custody since 15.05.2016. While disposing of the aforesaid application, by order dated 13.12.2016, this Court had given liberty to the petitioner to renew his prayer for bail after six months from the date of receipt of a copy of this order by the learned Court-below if the trial is not concluded in the meantime.

Patna High Court Cr.Misc. No.28509 of 2017 (2) dt.19-07-2017 2/2 In the supplementary affidavit the petitioner has stated that though the petitioner produced a copy of this Court's order along with affidavit before the learned Court-below on 04.01.2017. However, the trial has not been concluded within the time frame. However, concedes that charges have already been framed in June, 2017 and one prosecution witness has been examined in this case.

Considering the nature of allegation and the development of the trial, let the learned trial Court conclude the trial within three months without giving unnecessary adjournment to the prosecution, failing which the petitioner shall be released on bail on furnishing bail bond of Rs.20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Begusarai/Successor Court, in connection with Naokothi P.S. Case No.61 of 2015.

Let this order be communicated to the learned Court-below at once.

(Birendra Kumar, J) Mkr./- U T