Manganu Kushwaha @ Magnu Kushwaha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40388 of 2020 Arising Out of PS. Case No.-312 Year-2017 Thana- SIMRI District- Buxar ====================================================== MANGANU KUSHWAHA @ MAGNU KUSHWAHA S/o Ramavas Kushwaha @ Rambash Kushwaha R/o village- Majhwari, P.S.- Simari, District- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shankar Kumar For the Opposite Party/s :
Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-03-2021 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Simri P.S. Case No. 312/2017 (Sessions Trial No. 110/2018) instituted for the offences under Sections 341, 323, 307, 337,, 338, 504, 498(A) of the Indian Penal Code and 3 and 4 of D.P. Act in which section 302 IPC was added later on.
The earlier bail application of the petitioner was rejected vide Annexure-1 to the present application taking into account that petitioner is one of the assailants. A report was called for from the Trial Court. It has been reported that out of six prosecution witnesses, five prosecution witnesses have already been examined and the trial
Patna High Court CR. MISC. No.40388 of 2020(3) dt.24-03-2021 2/2 is likely to be concluded within a period of six months. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the nature of accusation and the stage of the case, I am not inclined to grant bail to the petitioner. The same is rejected. The Trial Court is directed to take all necessary steps to conclude the trial at earliest preferably within a period of six months from the date of receipt/production of a copy of this order.
The District Magistrate, Buxar and the Superintendent of Police, Buxar are also directed to take necessary steps to produce the remaining witnesses on the date fixed in the Trial Court so that the trial could be concluded within the stipulated period.
Let this order be communicated to the District Magistrate, Buxar and the Superintendent of Police, Buxar. (Sudhir Singh, J) Pankaj/- U T