Abdhesh Mahton @ Awadhesh Mahton v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55659 of 2018 Arising Out of PS. Case No.-132 Year-2015 Thana- SIKANDRA District- Jamui ====================================================== Abdhesh Mahton @ Awadhesh Mahton Son of Late Besar Mahto resident of village - Kurhadih, P.S. Sikandra, District Jamui. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bharat Lal For the Opposite Party/s :

Mr. Sri Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-10-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner seeks bail in Sikandara P. S. Case No 132 of 2015 (S.T. No.74 of 2016) instituted for the offence under Section(s) 323, 324, 326, 302 and 201/34 Indian Penal Code.

Learned counsel for the petitioner submits that bail of the petitioner was earlier rejected twice by the Court. Learned counsel for the informant has appeared and submitted that informant has already been examined in the Court below during trial .

A report was called from the Court below which has been received. From the perusal of the report, it appears that total nine charge- sheet witnesses have already been examined

Patna High Court Cr.Misc. No.55659 of 2018(3) dt.03-10-2018 2/2 including informant and doctor, out of twelve charge-sheet witnesses.

In such circumstances, this bail petition is disposed off with direction to the Court below to make all effort to finally dispose off the trial within a period of six months from the date of receipt of copy of this order by fixing the case on day- today basis. The Court below will not allow any party to delay the trial. The Court below will send the compliance report to this Court after final disposal of the case within the aforesaid period of six months. The petitioner is given liberty to renew the prayer for bail in the event the trial is not concluded within six months in the court below itself which will be disposed off in accordance with law without being prejudiced by this order.. (Sanjay Priya, J) shyambihari/- U T