Patna High CourtCR. MISC./14282/2017rejected

Dinesh Sharma v. The State Of Bihar

2017-12-06Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14282 of 2017 Arising Out of PS.Case No. -220 Year- 2013 Thana -ALAULI District- KHAGARIA ======================================================

1. Dinesh Sharma Son of Late Fulo Sharma, resident of village - Shaharbani, P.S. Alauli, District - Khagaria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satish Chandra For the Opposite Party/s : Mr. Sri Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-12-2017 Heard the learned counsel for the petitioner, the learned counsel for the informant and the learned A.P.P. The petitioner seeks bail in Alauli P.S. case No. 220 of 2013 registered under Section 302/34 of the Indian Penal Code and under Section 27 of the Arms Act.

The learned counsel for the petitioner submits that the prayer of petitioner for bail was earlier rejected by this court vide order dated 20.03.2015 passed in Cr. Misc. No. 4194 of 2015 with a direction to the court below to conclude the trial within one year from the date of receipt/ production of a copy of the order but more than two years have elapsed and the trial has not yet been concluded. The petitioner is in jail since 18.05.2014. On the other hand the learned counsel for the

Patna High Court Cr.Misc. No.14282 of 2017 (6) dt.06-12-2017 2/2 informant as well as the learned APP submits that all the witnesses have already been examined and only I.O. is to be examined. Considering the fact that trial is at its fag end and only the I.O. is to be examined, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. The Superintendent of Police, Khagaria is directed to ensure the attendance of I.O. of Alauli P.S. case No. 220 of 2013 pending in the court of the learned Additional Sessions Judge-III, Khagaria so that the trial must be concluded within three months.

The learned Additional Sessions Judge is also directed to conclude the trial within three months from the date of receipt/ production of a copy of this order.

Let a copy of this order be sent to learned Additional Sessions Judge-III, Khagaria as well as Superintendent of Police, Khagaria for information and needful.

(Prabhat Kumar Jha, J) BKS/- U T