Ravindra Mahto @ Rabindra Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29293 of 2016 Arising Out of PS.Case No. -234 Year- 2010 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Ravindra Mahto @ Rabindra Mahto s/o Ram Chandra Mahto Resident of Village - Chhatauni Etwar Rai Tola, P.S. - Chhatauni, District - East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar No.II For the Opposite Party/s : Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-02-2017 Heard the parties.
This application is for grant of bail in connection with Mufassil P.S. Case No.234 of 2010 for the offence under Section 302 of the Indian Penal Code.
It is submitted on behalf of the petitioner that there is no eye witness of the occurrence and the post mortem report does not support the manner of the occurrence. It has lastly been submitted that the petitioner is in custody for about 5 1⁄2 years. Heard learned A.P.P. also, who has submitted that in this case, a report was called for and from perusal of the report, it appears that four witnesses have already been examined in this
Patna High Court Cr.Misc. No.29293 of 2016 (6) dt.08-02-2017 2/2 case and the report of the S.P., East Champaran at Motihari also shows that he is producing the witnesses on day-to-day basis. Having heard both sides. In view of the aforesaid facts that now the trial has been started and four witnesses have been examined and the S.P., East Champaran at Motihari, has assured that he will produce witnesses on day-to-day basis, I am not inclined to grant bail to the petitioner at this stage, however, the learned trial court is directed to expedite the trial and try to conclude it within a period of six months and the learned court below is further directed to see that no any witness will be returned and if due to paucity of time, any witness may not be examined on that day, on the very next day, he/she will be examined so that the trial may be concluded soon. With the aforesaid observation, this application is dismissed.
(Vinod Kumar Sinha, J) chn/- U