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Patna High CourtCR. MISC./14041/2015dismissed

Vikash Kumar @ Vikesh Kumar @ Vicky v. The State Of Bihar

2015-07-31Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14041 of 2015 Arising Out of PS.Case No. -3 Year- 2009 Thana -BELAGANJ District- GAYA ====================================================== Vikash Kumar @ Vikesh Kumar @ Vicky son of Uday Singh Resident of the village - Bazitpur, Koarra, P.S. Ghosi, at District - Jehanabad. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Sinha, Adv. Mr. Vikramdeo Singh, Adv.

Mr. Shashi Bhushan Pandey, Adv.

For the Opposite Party/s : Mr. Shahin Begum (App) For the Informant : Mr. Durgesh Nandan, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 31-07-2015 Heard both sides.

The petitioner seeks bail in Belaganj P.S. Case No. 3 of 2009, registered for the offences punishable under Sections 394, 302 and 120B of the Indian Penal Code.

The petitioner is not named in the FIR but during course of investigation the witnesses have named the petitioner as one of the accused who stopped the motorcycle of the informant and killed Mukesh Kumar Singh.

It is submitted that the petitioner was in jail since 17.04.2010 to 19.12.2013 thereafter he was released on bail as the trial court found the petitioner juvenile but the plea of the

Patna High Court Cr.Misc. No.14041 of 2015 (4) dt.31-07-2015 2/2 petitioner was rejected by the Sessions Court as well as by this Court. Then the petitioner moved before the Supreme Court and in pursuance of the order of the Supreme Court, the petitioner surrendered in the court on 10.12.2014. The petitioner has remained in jail for more than four years.

Learned counsel for the informant submitted that the trial court has already examined all the witnesses. Only official witnesses are to be examined.

Considering the facts that the trial is at its fag end, prayer for bail of the petitioner is rejected.

The trial court is directed to expedite the trial and conclude the same within three months from the date of receipt of this order. The S.S.P., Gaya is also directed to produce the official witnesses on the date fixed so that the trial of the case must be concluded within three months from the date of receipt of this order.

Let a copy of this order be sent to the S.S.P., Gaya as well as learned trial court.

(Prabhat Kumar Jha, J.) Rakhi/- U T