Alok Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55695 of 2016 Arising Out of PS.Case No. -266 Year- 2013 Thana -BETTIAH CITY DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Alok Jha .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-03-2017 Heard both sides.
The petitioner seeks bail in Bettiah Town P.S. Case No. 266 of 2013 registered under Sections 302, 120B/34 of the Indian Penal Code and 27 of the Arms Act corresponding to Sessions Trial No. 137 of 2016.
The prayer for bail of the petitioner was earlier twice rejected vide order dated 13.2.2014 passed in Cr. Misc. No. 1279 of 2014 and vide order dated 21.8.2015 passed in Cr. Misc. No. 35839 of 2015. The trial court was directed to expedite the trial and conclude the same within nine months, but even after lapse of one year, the trial has not yet been concluded. Allegation against the petitioner is that he fired at the hand of the deceased.
A report was called for from the learned 2nd Additional Sessions Judge, West Champaran at Bettiah with regard to the
Patna High Court Cr.Misc. No.55695 of 2016 (3) dt.08-03-2017 2/2 stage of the trial and the learned 2nd Additional Sessions Judge, West Champaran at Bettiah reported that eleven witnesses have already been examined.
The learned counsel for the informant submits that now only two witnesses, namely, the I.O. and the doctor are to be examined.
Considering the nature of allegation, I am not inclined to enlarge the petitioner on bail. The same is accordingly, rejected. The trial court is directed to hold the trial on day-today basis and conclude the same within two months. The S.P., West Champaran, at Bettiah is directed to ensure the attendance of the doctor and the I.O. for Bettiah Town P.S. Case No. 266 of 2013 corresponding to Sessions Trial No. 137 of 2016 in the trial court on the next date fixed for evidence, so that the trial must be concluded within two months. Let a copy of this order be sent to the S.P., West Champaran at Bettiah and the learned 2nd Additional Sessions Judge, West Champaran at Bettiah for information and strict compliance of the order of this Court.
(Prabhat Kumar Jha, J) BTiwary/- U