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Patna High CourtCR. MISC./25172/2016rejected

Raj Kumar Manjhi v. The State Of Bihar

2016-09-21Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25172 of 2016 Arising Out of PS.Case No. -300 Year- 2014 Thana -RAMPUR District- GAYA ======================================================

1. Raj Kumar Manjhi Son of Panchu Manjhi Resident of Village- Bagalati, PS Mohanpur, District Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar For the Opposite Party/s : Mr. Sanjay Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 21-09-2016 Heard.

Earlier prayer for bail of the petitioner was rejected by this court taking into consideration the materials, available in the case diary but again, this petition has been filed on behalf of the petitioner on the ground that the petitioner is in jail custody since 21-10-2014 but uptill now, his trial could not be concluded. The trial court has reported that out of 9 proposed prosecution witnesses, 7 prosecution witnesses have already been examined and, to procure the attendance of remaining prosecution witnesses, Dasti Summons was ordered to be handed over to the concerned Public Prosecutor but the concerned Public Prosecutor refused to take Dasti Summons.

The aforesaid fact goes to show that the trial of the

Patna High Court Cr.Misc. No.25172 of 2016 (3) dt.21-09-2016 2/2 petitioner is likely to be concluded in near further and therefore, I am not inclined to release the petitioner on bail and hence, his prayer for bail in connection with Rampur P.S. Case No. 300 of 2014 corresponding to Sessions Trial No. 20 of 2015 stands rejected.

However, learned trial court should expedite the trial of the petitioner and try to conclude the same as early as possible. Let a copy of this order be sent to the Senior Superintendent of Police, Gaya with direction to him to ensure the presence of remaining prosecution witnesses before the trial court whenever their presence is required by the concerned court. (Hemant Kumar Srivastava, J) A.K.V./- U T