Ratnesh Kumar @ Ratnesh @ Prince Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.8785 of 2016 (2) dt.04-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8785 of 2016 Arising Out of PS.Case No. -193 Year- 2013 Thana -NARPATGANJ District- ARRARIA ======================================================

1. Ratnesh Kumar @ Ratnesh @ Prince Kumar son of late Shivji Sharma, resident of Village- Hella Bazar Ward No. 12 Hazipur, Police StationHazipur, District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s Mr. Kanhaiya Kishore(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04.05.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under sections 395 and 412 of the Indian Penal Code.

It is pointed out on behalf of the petitioner that prayer for bail of petitioner as well as co- accused Pankaj Kumar was earlier rejected by this court vide order dated 12.1.2015 passed in Cr. Misc. no. 33609/2014 and analogous case and after passing the aforesaid order co- accused Pankaj Kumar, again, came before this court by filing Cr. Misc. no. 212/2016 which was rejected by this court vide order dated 16.3.2016 giving direction to the trial court to conclude the trial of the aforesaid accused within three months and liberty was also given to the aforesaid co- accused to renew his prayer for bail, if his trial is not concluded within the above stated period of three

Patna High Court Cr.Misc. No.8785 of 2016 (2) dt.04-05-2016 months.

Learned counsel for the petitioner submits that similar liberty should also be given to the petitioner so-that his trial could also be concluded within the above stated period.

No doubt, this court directed the trial court to conclude the trial of co- accused Pankaj Kumar within certain period of time but it does not mean that trial court shall only conclude the trial of coaccused. Since the co- accused Pankaj Kumar is facing trial along with the petitioner and, therefore, if the case of co- accused Pankaj Kumar is disposed of within certain period of time, certainly, case of the petitioner shall also be disposed of by the concerned court. With the aforesaid observations, this petition filed in connection with Sessions Trial no. 185/2014 arising out of Narpatganj P.S. case no. 193/2013 pending in the court of learned Sessions Judge, Araria stands disposed of.

Shahid (Hemant Kumar Srivastava,J) U T