Banarsi Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51091 of 2016 Arising Out of PS.Case No. -259 Year- 2014 Thana -BHABHUA District- BHABHUA (KAIMUR) ======================================================

1. Banarsi Singh, son of late Vikrama Singh, resident of village- Kudasan, P.S. & District- Kaimur (Bhabua) Bihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Kumar Singh, Advocate For the Opposite Party/s : Smt. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 6/ 10-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State as well as learned counsel for the Informant.

The Petitioner seeks bail in Bhabhua P.S. Case No.259 of 2014 giving rise to Sessions Trial No.19 of 2015/13 of 2015 instituted for the offence under Section(s) 302, 201/34 Indian Penal Code pending before the Additional Sessions Judge, III, Bhabhua.

Prayer of the petitioner for bail was earlier rejected by a co-ordinate Bench of this Court by order dated 03.03.2015 passed in Cr. Misc. No.48767 of 2014.

By order dated 20.01.2017, a report about the latest stage of trial in the Court below was called for from the Trial Court.

Patna High Court Cr.Misc. No.51091 of 2016 (6) dt.10-02-2017 2/2 The Trial Court, in its latest report dated 07.02.2017, has prayed for two months to finally dispose off the trial in the Court below.

In such circumstances, this Court at this stage is not inclined to entertain the bail application on merit. This application is dismissed as withdrawn.

The learned Court below is directed to conclude the trial positively within a period of three months from the date of receipt/production of a copy of this order and will send a report to this Court after disposal of the same.

It is made clear that if the case is not disposed off within the time granted by this Court, the Court below will send an explanation for not disposing of the case within the time frame and in the event, this Court is not satisfied by the reasons for not disposing of the case within the time, this Court may think for taking necessary action for such negligent attitude of the Trial Court.

Let this order be also communicated to the District & Sessions Judge, Kaimur (Bhabhua) for information and compliance.

(Sanjay Priya, J) JA/- U T