Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59927 of 2021 Arising Out of PS. Case No.-335 Year-2015 Thana- PATRAKARNAGAR District- Patna ====================================================== MANOJ KUMAR Son of Sri Baldeo Prasad Resident of Village - Medhakuri, P.S.- Meshkaure, Distt.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjiv Sharan, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-05-2022 Heard learned counsel for the parties.

The petitioner is an accused in connection with Sessions Trial No. 350 of 2019 arising out of Patrakar Nagar P.S. Case No. 335 of 2015 registered under Sections 364(A), 120(B) and 201 of the Indian Penal Code.

The petitioner has twice moved before this Court earlier vide Cr. Misc. No. 25619 of 2017 which was dismissed on 17.07.2017 and later vide Cr. Misc. No. 68037 of 2018 which too was dismissed on 20.12.2018 by Hon'ble Justice Vinod Kumar Sinha (as His Lordship's then was). In between the petitioner also tried his luck by filing a Special Leave Appeal (Cri.) No(s) 7242 of 2017 which was dismissed on 19.01.2018. While dismissing the Criminal Miscellaneous No.

Patna High Court CR. MISC. No.59927 of 2021(4) dt.05-05-2022 2/3 68037 of 2018 on 20.12.2018; the co-ordinate Bench of this Court had directed that the case be committed to the Court of Sessions within a period of two months.

Learned counsel for the petitioner (with the help of paragraph-5 of the bail application) submits that out of five prosecution witnesses, four have already been examined and since then the matter has not been taken up. He further submits that he is in judicial custody since 14.12.2015 (as stated in paragraph-9 of the bail application).

This Court for the present is not inclined to grant any relief to him, however, as reflects from the last order passed in the year 2018 by a co-ordinate Bench of this Court itself, it seems that the learned trial Court was directed to initiate the matter so that it can be taken to its logical conclusion at an earliest.

The learned trial Court is directed to take the matter to its logical conclusion at an earliest preferably within a period of one year taking into account the fact that the matter is of the year 2015 and the petitioner is in custody since then. The trial Court shall be duty bound to take up the matter on regular basis even if there is any delaying tactics by the petitioner's side and see to it that the same is concluded within the time frame

Patna High Court CR. MISC. No.59927 of 2021(4) dt.05-05-2022 3/3 stipulated by this order.

With the aforesaid observations, the bail application is rejected.

(Rajiv Roy, J) Jagdish/- U T