Nishu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38576 of 2017 Arising Out of PS.Case No. -6 Year- 2015 Thana -KASHICHAK District- NAWADA ======================================================
1. Nishu Kumar, Son of Subodh Kumar, resident of Village- Manama, Police Station- Hisua in the district of Nawada. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Navin Sharma For the Opposite Party/s : Mr. Sri Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-09-2017 Heard the parties.
This application is for grant of regular bail in connection with Kashichak P.S.Case No.6 of 2015 , registered for the offences punishable under Section 392 of the Indian Penal Code.
The petitioner is accused in a case under Section 395 of the Indian Penal Code though he has not been named in the FIR but later on his name transpired during the course of investigation of the case on confession of the co-accused. Further it appears that apart from this case he is accused in nine other cases also. Submission of the learned counsel for the petitioner is that there is nothing against the petitioner except confession and though the other co-accused persons have been granted bail by a Co-ordinate Bench of this Court, vide order dated 12.7.2016 passed in Cr. Misc. No.25123 of 2016.
Patna High Court Cr.Misc. No.38576 of 2017 (3) dt.08-09-2017 2/2 Heard learned A.P.P. also, who has opposed the prayer for bail in view of criminal antecedent of the petitioner. Having heard both sides and in view of confession as well as criminal antecedent of the petitioner, I am not inclined to grant bail to the petitioner, however, considering the fact that he is in custody for about 1 1⁄2 years, the learned trial court is directed to expedite the trial and try to conclude it within a period of nine months, At the same time, the S.P., Nawad is directed to ensure presence of the witnesses so that the trial may be concluded within the period as stipulated.
The Learned District and Sessions Judge, Nawada is also directed to monitor the progress of the case and he will submit report to this Court, if any party does not co-operate in disposal of the trial.
With the aforesaid observation, this application is dismissed.
(Vinod Kumar Sinha, J) chn/- U T