Patna High CourtCR. APP (SJ)/3544/2017dismissed

Lalan Mukhiya v. The State Of Bihar

2018-01-10Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3544 of 2017 Arising Out of PS.Case No. -111 Year- 2016 Thana -BIRPUR District- SUPAUL ======================================================

1. Lalan Mukhiya S/o Yogendra Mukhiya resident of village - Bishanpur - Ghanshyam Mohalla - Gori Tola, P.S. Balua Bazar, Dist Supaul. .... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Kumar Goutam For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-01-2018 Earlier prayer for bail of the appellant was disposed of vide order dated 22.09.2017 passed in Cr. App (SJ) No. 2444 of 2017, with direction to the Special Judge to verify the submission of learned counsel for the appellant as made in the order dated 22.09.2017 and if no other material was found against the appellant, he was directed to be released on bail. However, the prayer for bail of the petitioner was rejected by the court below on the ground that there are circumstantial evidence against the appellant.

Submission of learned counsel for the appellant is that he is in custody since 27.05.2016 and the witnesses, who have already been examined, have not supported the case of prosecution and the case is pending only for the evidence of informant, I.O.

Patna High Court CR. APP (SJ) No.3544 of 2017 (3) dt.10-01-2018 2/2 and Doctor.

Heard learned A.P.P. also.

Considering the facts and circumstances of this case, at this stage, I am not inclined to release the appellant on bail, however, the trial court is directed to conclude the trial within a period of four months even by conducting the same on day to day basis.

At the same time, S.P. Supaul is directed to ensure the production of remaining witnesses in the court on the date fixed so that the trial be concluded expeditiously. (Vinod Kumar Sinha, J) sunil/- U T