Ajay Rai @ Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33511 of 2014 Arising Out of PS.Case No. -639 Year- 2012 Thana -AHIAPUR District- MUZAFFARPUR ====================================================== Ajay Rai @ Ajay Kumar Son of Shiv Narayan Rai Resident of Village - Sahbajpur, Police Station - Ahiyapur, District- Muzaffarpur. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Anisur Rahman For the Opposite Party/s : Mr. Zainul Abedin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 12-08-2015 Heard learned counsel for the parties as also perused the report of the court below dated 21st July, 2015. Considering the fact that the trial of the petitioner has already commenced by examining two of the twelve witnesses and thereafter co-accused had absconded, as a result whereof their bail bonds have been cancelled, this Court would not find the prosecution to be at fault in not concluding the trial within the time frame fixed by this Court. The trial court, however, in its report dated 21.7.2015 has indicated that a period of six months should be sufficient for concluding the trial. Considering the recovery of 35 packets (grams) of Heroin while this Court is not inclined to grant bail to the petitioner, inasmuch as whatever was to be considered on merits has already been done earlier in course of rejecting the prayer of bail to the

Patna High Court Cr.Misc. No.33511 of 2014 (3) dt.12-08-2015 petitioner, it would however direct the Sr. Superintendent of Police, Muzaffarpur to ensure that whatever witnesses are required to be produced in connection with the trial of the petitioner arising out of Ahiyapur P.S.Case No. 639/2012 (Trial No. 45/2015) must be produced before the trial court (3rd Addl. Sessions Judge, Muzaffarpur) within a period of four months from the date of receipt of this order. The trial court is also directed to conclude the trial in a period of six months from the date of receipt of this order.

It, however, goes without saying that if the trial of the petitioner is not concluded in the aforesaid period of six months, the petitioner shall be at liberty to renew his prayer for bail before this Court.

With the aforementioned observation and direction, this application is disposed of.

Let a copy of this order be not only sent to the Sr. Superintendent of Police, Muzaffarpur but also to the trial court for its compliance in letter and spirit.

(Mihir Kumar Jha, J) surendra/- U