Manoj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37780 of 2016 Arising Out of PS.Case No. -421 Year- 2014 Thana -BIHTA District- PATNA ======================================================
1. Manoj Kumar Son of Rambrat Singh Resident of Chulhaichak, P.S. Rupaspur, District Patna .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ghanshyam Tiwary For the Opposite Party/s : Mrs. Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-06-2017 Heard both sides.
The petitioner seeks bail in Sessions Trial No. 112 of 2016, arising out of Bihta P.S. case No. 421 of 2014, under Section 302, 364 and other Sections of the Indian Penal Code. The prayer of petitioner for bail was earlier rejected by this court vide order dated 23.07.2015 passed in Cr. Misc. No. 3168 of 2015 with a direction to the trial court to conclude the trial within one year from the date of receipt of the order. It is submitted that the trial has not yet been concluded and, therefore, the petitioner has filed this petition for grant of bail but it appears from the report of Senior Superintendent of Police, Patna that all the prosecution witnesses, except two, have been examined and steps have been taken to
Patna High Court Cr.Misc. No.37780 of 2016 (5) dt.21-06-2017 2/2 procure the attendance of two non examined prosecution witnesses so that the trial must be concluded.
There is specific allegation that the petitioner along with others kidnapped the victim on a Bolero jeep and in the next morning the dead body of deceased was found near a school. Considering the facts aforesaid and the fact that the trial is at its fag end, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.
The trial court is directed to expedite the trial and conclude the same within three months from the date of receipt of this order.
(Prabhat Kumar Jha, J) BKS/- U T