Patna High CourtCR. MISC./2190/2017disposed

Umesh Prasad v. The State Of Bihar

2017-02-27Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2190 of 2017 Arising Out of PS.Case No. -59 Year- 1992 Thana -GHOSI District- JEHANABAD ======================================================

1. Umesh Prasad S/o Chaneshwar Mahto R/o Village - Paharpur, P.S. Ghosi, Distt. Jehanabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rewti Kant Raman For the Opposite Party/s : Mr. Sri Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-02-2017 The petitioner is in custody since 13.11.2016 in connection with Ghosi P.S. Case No. 59 of 1992, registered for offences punishable under Sections 147, 148, 149, 342, 447 and 307 of the Indian Penal Code and Section 27 of the Arms Act. It has been submitted on behalf of the petitioner that the present case is a case of misuse of privilege of bail, however, the petitioner has sufficiently been punished for the said act as he has remained in judicial custody for more than three and half months and in spite of the direction of the court below uptil now only four witnesses have been examined and the case is pending for examination of informant, who is not coming forward. Heard learned A.P.P. also.

Having heard both sides, from perusal of the impugned

Patna High Court Cr.Misc. No.2190 of 2017 (4) dt.27-02-2017 2/2 order dated 03.12.2016, there is direction by the court below itself to Trial Court to conclude the trial within four months. Considering the submission of learned counsel for the petitioner that uptil now only four witnesses have been examined and the case is pending for examination of the informant, learned Trial Court is directed to conclude the trial within a period of three months positively.

Further Superintendent of Police, Jehanabad, is also directed to ensure the production of witnesses in the court below on the date fixed so that the trial can be concluded within the aforesaid period.

(Vinod Kumar Sinha, J) sunil/- U T