Gariban Bind @ Gariban Bin v. The State Of Bihar
Patna High Court Cr.Misc. No.62611 of 2018 (3) dt.31-10-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62611 of 2018 Arising Out of PS.Case No. -10 Year- 2001 Thana -BHAGWAN BAZAR District- SARAN ======================================================
1. Gariban Bind @ Gariban Bin, Son of Late Sahani Bind, resident of Village- Nabiganj, P.S.- Bhagwan Bazar, Dist.- Saran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-10-2018 Heard learned counsel for the petitioner and learned counsel for the State.
Earlier the application of the petitioner for grant of bail has been dismissed twice vide order dated 15.02.2017 passed in Cr. Misc. No. 5145 of 2017 and vide order dated 28.02.2018 passed in Cr. Misc. No. 10554 of 2018 in connection with Bhagwan Bazar P.S. Case No. 10/2001, registered for offences punishable under Sections 302/34 of Indian Penal Code and the allegation against the petitioner that he gave knife blow to the deceased, resulting his death.
It has been submitted on behalf of the petitioner that he has been in custody for five years and uptil now the trial has not been concluded.
Patna High Court Cr.Misc. No.62611 of 2018 (3) dt.31-10-2018 Earlier a report has been called for with regard to stage of trial, which has since been received, from which, it appears that the Trial Court has assured to conclude the trial within a period of two months.
Having heard both sides, considering the fact and circumstances of the case and the nature of allegation, I am not inclined to release the petitioner on bail, his application for regular bail is, accordingly, rejected.
However, the trial court is directed to concluded the trial within the aforesaid period of two months, from the date of receipt of copy of this order, even by conducting the trial on day to day basis.
(Vinod Kumar Sinha, J) sunil/- U T