Bramhanand Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29067 of 2018 Arising Out of PS. Case No.-48 Year-2013 Thana- MANIHARI District- Muzaffarpur ====================================================== Bramhanand Sahni S/o late Raj Kumar Sahni a Resident of VillatgeRatanauli, P.S. Maniyari, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sri Niwas Jha For the Opposite Party/s :

Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-07-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner seeks bail in Maniyari P.S. case No.48 of 2013 registered under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act, pending in the court of Judicial Magistrate, 1st class, Muzaffarpur.

The earlier bail application of the petitioner was rejected vide Annexure-2 to the present application taking into account that the petitioner is the main assailant. A report was called for from the Court below with regard to the stage of the case. It has been reported that the case has not yet been committed to the court of Sessions. Considering the accusation and the stage of the case, I am not inclined to grant bail to the petitioner. The same is

Patna High Court Cr.Misc. No.29067 of 2018(4) dt.12-07-2018 2/2 rejected.

It would be relevant to state here that vide order dated 22.03.2017 passed in Cr.Misc.No.4827 of 2017, the court below was directed to conclude the trial preferably within a period of one year from the date of receipt of the order. No reason has been assigned by the court below for not committing the case to the Court of Sessions. It can only be said to be unfortunate. By way of repetition, once again the court below is directed to take all necessary steps to conclude the trial preferably within a period of one year from the date of receipt/production of a copy of this order.

The District Magistrate, Muzaffarpur and the Superintendent of Police, Muzaffarpur are also directed to take necessary steps to produce the witnesses on the date fixed by the Trial Court so that the trial could be concluded within the stipulated period.

Let this order be communicated to the District Magistrate, Muzaffarpur and the Superintendent of Police, Muzaffarpur.

(Sudhir Singh, J) Narendra/- U T