Sapremi Mahto @ Supremi Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28200 of 2017 Arising Out of PS.Case No. -58 Year- 1997 Thana -LAKHISARAI District- LAKHISARAI ======================================================
1. Sapremi Mahto @ Supremi Mahto Son of Late Surdayal Mahto, Resident of Village- Oraiya, P.S.- Lakhisarai, District- Lakhisarai. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Md. Ansarul Haque, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-08-2017 Heard learned counsel for the petitioner and learned A.P.P. representing the State.
The petitioner seeks regular bail in connection with S.T. No. 1132A/97 arising out of Lakhisarai P.S. Case No. 58 of 1997 registered for the offences punishable under sections 147, 148, 149, 435, 302 and 307 of the IPC and under Section 27 of the Arms Act.
Earlier the prayer for regular bail was rejected vide order dated 18.01.2017 passed in Cr. Misc. Case No. 42921 of 2016 by this Court with a direction to the trial court to conclude the trial within a period of three months.
Learned counsel for the petitioner submits that there is no progress in the trial till date, which will appear from the report of learned I/c Additional Sessions Judge-II, Lakhisarai that despite steps being taken by the court, the I.O. and Doctor are not appearing for their evidence.
Patna High Court Cr.Misc. No.28200 of 2017 (4) dt.02-08-2017 2/2 Heard learned APP also, who has opposed the prayer for bail.
Considering the abovementioned facts and circumstances and considering the period of custody having no criminal antecedent, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000/- (Rupees. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-IIIrd, Lakhisarai, in connection with S.T. No. 1132A/1997, arising out of Lakhisarai P.S. Case No. 058 of 1997.
Learned trial court is further directed to take necessary steps for examination of I.O. and doctor and conclude the trial within a period of three months. At the same time, the Superintendent of Police, Lakhisarai, is directed to ensure the attendance of witnesses in the court on the date fixed so that the trial can be concluded within the period specified. Let a copy of this order be sent to the D.G.P. as well as the Principal Secretary, Health Government of Bihar, Patna for necessary action.
(Vinod Kumar Sinha, J) khushbu/- U T