Sanjeev Anand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66780 of 2018 Arising Out of PS. Case No.-55 Year-2016 Thana- MAJORGANJ District- Sitamarhi ====================================================== Sanjeev Anand, Son of Shri Yugal Kishore Singh, Resident of Village- Amba Khurd, P.S. Majorganj, District- Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sunil Kumar, Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur, APP Mr. Vijay Anand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 09-01-2019 Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the informant. Petitioner seeks bail in Majorganj P.S. (Suppi OP) Case No.55 of 2016 instituted for the offence under Section(s) 302 and other allied sections of Indian Penal Code and Section 27 of the Arms Act pending in the Court of the Fast Track Court II, Sitamarhi.

Prayer for bail of the petitioner was rejected twice by this Court; lastly by order dated 01.11.2017 passed in Cr. Misc. No.42266 of 2017 with a direction to the Court below to conclude the trial within a period of nine months from the date of receipt of the order. Petitioner was given liberty to renew his prayer in the Court below itself in the event trial is not

Patna High Court Cr.Misc. No.66780 of 2018(3) dt.09-01-2019 2/3 concluded within nine months. The petitioner renewed the prayer in the Court below, which has been rejected by order dated 07.09.2018.

A report with regard to present stage of the case was called for from the Court below, which has been received, wherein, it is mentioned that eleven witnesses have been examined including Investigating Officer (PW 11). The Court has mentioned in the report that trial is likely to be concluded within two months.

The learned counsel for the informant submits that the last witness has been examined in the case and prosecution evidence has been closed.

From the allegation, it is apparent that petitioner is main assailant in the case.

Since the trial is at its advance stage, this Court is not inclined to enlarge the petitioner on bail.

Prayer of the petitioner for grant of bail is, again, rejected.

The trial Court has mentioned in the report that two months' further time is required to conclude the trial. In such circumstances, the Court below is directed to make all efforts to conclude the trial within a period of three

Patna High Court Cr.Misc. No.66780 of 2018(3) dt.09-01-2019 3/3 months from the date of receipt of copy of this order and send compliance report to this Court after conclusion of trial. (Sanjay Priya, J) J. Alam/- Rohit Kr.

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