Kishun Mukhiya v. The State Of Bihar

Patna High Court Cr.Misc. No.7296 of 2016 (2) dt.16-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7296 of 2016 Arising Out of PS.Case No. -89 Year- 1999 Thana -LADANIA District- MADHUBANI ======================================================

1. Kishun Mukhiya Son of Late Ajab Mukhiya resident of Village - Jhalone, P.S. Ladaniya, District - Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s Mr. Surendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 16.02.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner was earlier on bail but his bail bond was cancelled on 28.8.2003 as he failed to appear before the trial court when case was pending for recording the evidence. Subsequently, on the strength of the process issued against him, petitioner was arrested and remanded in the case on 24.9.2015.

Taking note of the above stated conduct of the petitioner as well as facts and circumstances of the case, I am not inclined to release the petitioner on bail and accordingly, his prayer for bail in connection with Ladaniya P.S. Case no. 89/1999 pending in the court of Addl. Chief Judicial Magistrate II, Madhubani stands rejected, at least, at this stage.

However, the learned trial court is directed to expedite the trial of the petitioner and try to conclude the same as early as possible,

Patna High Court Cr.Misc. No.7296 of 2016 (2) dt.16-02-2016 preferably, within three months from the date of receipt/production of a copy of this order, failing which the petitioner may renew his prayer for bail before trial court itself.

shahid (Hemant Kumar Srivastava,J) U T