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Patna High CourtCR. MISC./57808/2015rejected

Prashant Kumar @ Fanindra Singh @ Fadindra Singh v. The State Of Bihar

2016-02-10Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57808 of 2015 Arising Out of PS.Case No. -170 Year- 2013 Thana -CHOUTARWA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Prashant Kumar @ Fanindra Singh @ Fadindra Singh son of Harish Chandra Singh resident of village Noniapatti, P.S. Chautarwa (Bhairoganj), District - West Champaran (Bihar).

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Dudh Nath Singh For the Opposite Party/s : Mr. J.N. Thakur (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 10-02-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Earlier this court directed the trial court to conclude the trial of the petitioner within six months, failing which, the petitioner was granted liberty to renew his prayer for bail before the trial court itself.

The submission on behalf of the petitioner is that uptill now, trial of the petitioner is pending but learned counsel, appearing for informant informed this court that except the I.O., all the prosecution witnesses have already been examined and to procure the attendance of investigating officer, the process has already been issued.

Patna High Court Cr.Misc. No.57808 of 2015 (2) dt.10-02-2016 2/2 Taking note of the aforesaid submissions as well as facts and circumstances of the case, the prayer for bail of the petitioner in connection with POSCO Case No. 27 of 2015 arising out of Chautarwa (Bhairoganj) P.S. Case No. 170 of 2013 pending in the court of learned Ist Additional Sessions Judge-cum-Special Judge, POSCO, Bagaha, West Champaran stands rejected. However, learned trial court is directed to conclude the trial of the petitioner within two months from the date of receipt/production of copy of this order, failing which, the learned trial court shall release the petitioner on bail, fixing the amount of bail bonds at its own level.

Let the copy of this order be communicated to the Superintendent of Police, Bagaha, West Champaran with direction to him to ensure the presence of investigation officer of POSCO Case No. 27 of 2015 arising out of Chautarwa (Bhairoganj) P.S. Case No. 170 of 2013 before learned Ist Additional Sessions Judge-cum-Special Judge, POSCO/concerned court, Bagaha, West Champaran within three weeks from the date of receipt/production of copy of this order, failing which, the matter shall be viewed seriously.

(Hemant Kumar Srivastava, J) A.K.V./- U T