Patna High CourtCR. MISC./42472/2019dismissed

Suryamani Thakur @ Suryamani v. The State Of Bihar

2019-07-11Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42472 of 2019 Arising Out of PS. Case No.-16 Year-2016 Thana- BIHARSHARIF RAIL P.S. District- Patna ====================================================== SURYAMANI THAKUR @ SURYAMANI, Son of Kailu Thakur, Resident of Srichandpur, P.S. - Harnaut, District - Nalanda. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Ajeet Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-07-2019 Earlier prayer for bail of the petitioner was rejected twice by this Court vide order dated 4.5.2017 passed in Cr.Misc.No. 19548 of 2017 and vide order dated 4.4.2018 passed in Cr.Misc.No. 57036 of 2017. Allegation against the petitioner is of firing and causing death of the deceased. Submission of learned counsel for the petitioner is that though charge has been framed in the year 2018 but no witness has been examined as yet and petitioner is in custody for more than two and a half years.

Heard learned APP also.

Having heard both sides and in the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner.

However, considering the fact that petitioner is in

Patna High Court CR. MISC. No.42472 of 2019(2) dt.11-07-2019 2/2 custody for more than two and a half years, learned trial court is directed to expedite the trial and, if possible, by conducting it on regular basis. Needless to say that petitioner and other coaccused persons shall co-operate in disposal of the trial. At the same time, Sr. Superintendent of Police, Patna is directed to ensure the presence of the witnesses in court on the date fixed so that the trial may be concluded as early as possible. The Sr.Superintendent of Police and learned trial court must comply the order in its strict sense.

With the above observation, this application is dismissed.

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