Sachin Kumar @ Sachin Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45724 of 2019 Arising Out of PS. Case No.-307 Year-2018 Thana- GAYA KOTWALI District- Gaya ====================================================== SACHIN KUMAR @ SACHIN KUMAR SINGH Son of Bhartendu Singh Resident of Mohalla-New Colony, Dandi Bagh, Police Station-Vishnupad, District-Gaya.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-07-2019 Earlier the prayer for bail of the petitioner was dismissed vide order dated 29.11.2018 passed in Cr. Misc. No. 60476 of 2019 .

Submission of learned counsel for the petitioner is that he has been in judicial custody for more than a year but uptil now only charge has been framed and no witness has been examined in this case and there is no likelihood of conclusion of trial in near future.

Heard learned A.P.P. also as well as learned counsel for the informant. Learned counsel for the informant has opposed the prayer for bail and submitted that since the court is vacant the evidence could not be proceeded.

Having heard both sides, considering the facts and

Patna High Court CR. MISC. No.45724 of 2019(2) dt.31-07-2019 2/2 circumstances of the case, this application is disposed of with direction to the learned Sessions Judge, Gaya that if the court is vacant, as submitted by learned counsel for the informant, he will transfer the case to any running court in and proceed with the trial of this case and conclude the same as soon as possible. In such view of the matter, I am not inclined to enlarge the petitioner on bail, however, if the trial is not concluded within a period of six months, the petitioner will be at liberty to renew his prayer for bail before the trial court itself, who will dispose of the same on the basis of materials available on record at that time.

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