Patna High CourtCR. MISC./55046/2016rejected

Hari Narayan Gupta v. The State Of Bihar

2017-02-08Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55046 of 2016 Arising Out of PS.Case No. -1 Year- 2013 Thana -LAUKHI District- MADHUBANI ====================================================== Hari Narayan Gupta, Son of Arjun Gupta, Resident of Village-Dhobiyahi, P.S.-Laukahi, District-Madhubani .... .... Petitioner

Versus

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

For the Petitioner : Mr. Bimal Kumar, Advocate.

For the Opposite Party : Mr. Humayou Ahmad Khan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-02-2017 Heard both sides.

The petitioner seeks bail in Sessions Trial No. 412 of 2013, arising out of Laukahi P.S. Case No. 01 of 2013, registered for the offences punishable under Sections 304(B), 201 and 120(B) of the Indian Penal Code.

The prayer for bail of the petitioner was twice rejected by this court vide order passed in Cr. Misc. No. 28606 of 2014 and Cr. Misc. No. 55938 of 2015 on 04.05.2016 with a direction to conclude the trial within six months from the date of receipt of this order, but still the trial has not yet been concluded. The petitioner is in jail since 07.01.2013 and the petitioner has already remained in jail for four years.

Learned counsel for the petitioner submits that all the

Patna High Court Cr.Misc. No.55046 of 2016 (2) dt.08-02-2017 2/2 witnesses have been examined and only the investigating officer, remained to be cross-examined.

Since the trial is at its fag end, I am not inclined to enlarge the petitioner above named on bail at this stage. Accordingly, the same is rejected.

The trial court is directed to conclude the trial within 60 days from the date of receipt of this order, if the trial is not concluded within 60 days, the trial court shall enlarge the petitioner on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount. (Prabhat Kumar Jha, J.) KKSINHA/- U T