Patna High CourtCR. MISC./47848/2017dismissed

Sudhir Mahto @ Sudhir Kumar Mahto v. The State Of Bihar

2018-02-28Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47848 of 2017 Arising Out of PS.Case No. -124 Year- 2001 Thana -PURNEA SADAR District- PURNIA ======================================================

1. Sudhir Mahto @ Sudhir Kumar Mahto, S/o Late Chandeshwar Mahto, resident of Village- Ganga Bigaha, P.S.- Karai Parsurai, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeev Kumar For the Opposite Party/s : Mr. Sri Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-02-2018 Earlier prayer for bail of the petitioner was dismissed vide order dated 02.02.2017 passed in Cr. Misc. No. 741 of 2017, with direction to the court below to conclude the trial within a period of six months and petitioner was given liberty that if the trial is not concluded, he may renew his prayer for bail. It further appears that the Trial is pending for supplementary record as earlier the petitioner was absconding.

Submission of learned counsel for the petitioner is that out of 16, witness only 5 could be examined and therefore, there is no likelihood of conclusion of trial in near future and petitioner has been judicial custody since 09.08.2016.

Heard learned APP also.

Having heard both sides, considering the facts and

Patna High Court Cr.Misc. No.47848 of 2017 (5) dt.28-02-2018 2/2 circumstances of the cast, I am not inclined to release the petitioner on bail.

However, the trial court is directed to expedite and conclude the trial within a period of six months even by conducting the trial on day to day basis.

At the same time, S.P. Purnea, is directed to ensure the presence of witnesses in the trial court on the date fixed so that the trial be concluded expeditiously.

The above direction must be complied in strict sense. (Vinod Kumar Sinha, J) sunil/- U T