Adalat Bin @ Adalat Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3337 of 2018 Arising Out of PS.Case No. -165 Year- 2016 Thana -HUSAINGANJ District- SIWAN ======================================================
1. Adalat Bin @ Adalat Bind S/o Late Chandrika Bind, R/o Village- Singar Patti, P.S.- Hussainganj, District- Siwan.
.... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-04-2018 Heard both sides.
The petitioner seeks bail in S. Tr. No.27 of 2017, arising out of Hussainganj P.S. Case No.165 of 2016 registered under Section 302/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the prayer for bail of the petitioner was earlier rejected vide order dated 13.04.2017 passed in Cr. Misc. No.12582 of 2017. The petitioner is in jail but the trial has not yet been concluded. A report was called for and the learned Additional Sessions Judge-4th, Siwan reported that only three prosecution witnesses have been examined so far. It appears that there is specific allegation against the petitioner that he assaulted with lathi and iron rod on the head of the deceased, who happens to be
Patna High Court Cr.Misc. No.3337 of 2018 (4) dt.18-04-2018 2/2 the elder brother of the petitioner and he died on account of head injury.
Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. The Trial Court is directed to hold the trial on day to day basis and conclude the same within 9 months from the date of receipt of this order.
The Superintendent of Police, Siwan is also directed to ensure the attendance of the prosecution witnesses in the trial court in connection with S. Tr. No.27 of 2017, corresponding to Hussainganj P.S. Case No.165 of 2016, so that the trial must be concluded within 9 months.
If the trial is not concluded within 9 months, the petitioner may renew his prayer for bail.
Let a copy of this order be sent to the Superintendent of Police, Siwan for information and needful.
(Prabhat Kumar Jha, J) Amit/- U T