Patna High CourtCR. MISC./46547/2019dismissed

Shashi Kant Kumar @ Shashikant @ Shashi Kumar v. The State Of Bihar

2019-08-28Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46547 of 2019 Arising Out of PS. Case No.-194 Year-2016 Thana- BEUR District- Patna ====================================================== Shashi Kant Kumar @ Shashikant @ Shashi Kumar, aged about 27 years, male, Son of Sri Shiv Nandan Prasad, Resident of Village - Buddhijeevi Colony, 70 Feet Road, Dashratha, P.S.- Beur, Distt.- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Choudhary, Adv.

Mr. Uday Kumar, Adv.

For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-08-2019 The prayer for bail of the petitioner was earlier twice dismissed as withdrawn vide orders dated 30.11.2017 and 28.03.2018 respectively, which orders were passed in Cr. Misc. Nos. 46984 of 2017 and 9527 of 2018. Thereafter, the petitioner again moved for bail which was rejected vide order dated 07.09.2018 passed in Cr. Misc. No. 46420 of 2018, but with a direction to the Trial Court to proceed with the trial in right earnest and conclude the same

Patna High Court CR. MISC. No.46547 of 2019(3) dt.28-08-2019 2/2 preferably within a period of nine months from the date of passing of the order.

2. When the trial could not be concluded within the aforesaid period, the petitioner has again approached this Court and this Court had asked for a report vide order dated 31.07.2019, which report has since been received and is kept at Flag-A.

3. On perusal of the report, it appears that out of eight witnesses, four witnesses have been examined and rest four are yet to be examined.

4. This Court, therefore, directs the Trial Court to conclude the trial within a period of four months of the date of receipt/production of a copy of this order, failing which, the petitioner will have the liberty to approach this Court for grant of bail.

5. The petition stands dismissed with the aforesaid observation.

(Ashutosh Kumar, J) Praveen-II/- U T