Patna High CourtCR. MISC./33876/2017dismissed

Deepak Sahni v. The State Of Bihar

2017-07-26Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33876 of 2017 Arising Out of PS.Case No. -111 Year- 2015 Thana -KHAGARIA District- KHAGARIA ====================================================== Deepak Sahni, son of Jogi Sahni, resident of Village- Bhadas, P.S.- Muffasil, District- Khagaria.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Viveka Nand Singh, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 26-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner, who is in custody since 19.09.2015, has renewed his prayer for bail in connection with Sessions Trial No. 111 of 2016 arising out of Khagaria (Muffasil) P.S. Case No. 111 of 2015 having earlier been rejected by order dated 23.08.2016 in Criminal Miscellaneous No. 33142 of 2016.

3. Learned counsel for the petitioner submits that the trial has since proceeded and as many as eight prosecution witnesses have already been examined. It is further submitted that P.W. Nos. 1 to 8 have been examined between June 2016 and January, 2017 and all of them have been declared hostile.

Patna High Court Cr.Misc. No.33876 of 2017 (2) dt.26-07-2017 2/2 Significantly, the informant himself has yet to be examined despite summons, bailable warrant and non-bailable warrant having been issued to enforce his attendance.

4. In the above view of the matter and considering that the petitioner has been in custody for almost two years, the present bail application is disposed of with a direction to the learned trial Court to conclude the trial expeditiously and in any event preferably within a period of three months. In case, the trial is not concluded within the said period of three months, the petitioner shall be at liberty to renew his prayer for bail. (Vikash Jain, J) Md. Ibrarul/Chandran U T