Shivshankar Prasad @ Shiv Shankar Prasad Sah v. The State Of Bihar

Patna High Court CR. APP (SJ) No.2619 of 2017 (3) dt.12-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2619 of 2017 Arising Out of PS.Case No. -199 Year- 1998 Thana -RAMNAGAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Shivshankar Prasad,

2. Ajay Prasad @ Bachcha Prasad, Both sons of Late Bhagirathi Prasad, Residents of Village- Juda Pakadi, P.S.- Ramnagar, District- West Champaran.

.... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Umesh Chandra Verma For the Respondent/s : Mr. Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-10-2017 Heard the parties.

This is a case of misuse of privilege of bail for eight years.

Submission of the learned counsel for the appellants is that a they were on bail and there was no progress in the trial, as such they went out in order to earn livelihood and in the meantime their bail bond was cancelled, however, now they are ready to abide by any condition imposed upon him.

Heard learned Special P.P.

Having heard both sides and from perusal of the impugned order, it appears that there is misuse of privilege of bail

Patna High Court CR. APP (SJ) No.2619 of 2017 (3) dt.12-10-2017 for eight years in this case and they are in custody for two months, in such view of the matter, this appeal is disposed of with direction to the learned trial court to expedite the trial and try to conclude it as soon as possible. Since the case is of the year, 2001 and if the trial is not concluded within three months from the date of receipt of this order, the learned court below shall release the appellants on bail to his own satisfaction with condition that they will cooperate in the disposal of the trial and they will also appear on each and every date and failure to appear on two consecutive dates, their bail bond shall be cancelled.

With the above observation, this appeal is disposed of.

(Vinod Kumar Sinha, J) chn/- U T