Patna High CourtCR. MISC./51088/2016rejected

Birendra Kumar Bhandari @ Birendra Bhandari v. The State Of Bihar

2016-12-07Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51088 of 2016 Arising Out of PS.Case No. -88 Year- 2003 Thana -BENIPATTI District- MADHUBANI ======================================================

1. Birendra Kumar Bhandari @ Birendra Bhandari, Son of Sri Ram Nandan Bhandari, Resident of Village- Arer Sinaura, Police Station- Arer, DistrictMadhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukund Mohan Jha For the Opposite Party/s : Mr. Sri Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. representing the State.

The petitioner wants to renew his prayer for bail, which was earlier rejected vide order dated 20.07.2015 passed in Cri. Misc. No. 14059 of 2015 and also vide order dated 01.04.2016 passed in Cri. Misc. No. 5703 of 2016, on the ground that the petitioner is suffering in custody since 20.11.2014, and up till now charge has not been framed and as such in near future the trial is not likely to be concluded and the petitioner has suffered a lot by remaining in custody. In the order dated 01.04.2016 direction was given to conclude the trial preferably within a period of six months but the trial has not been concluded as yet.

Patna High Court Cr.Misc. No.51088 of 2016 (2) dt.07-12-2016 2/2 The learned A.P.P. submits that the petitioner is the assailant and remained absconding since long. In the facts and circumstances stated above, finding no good ground for reconsideration of prayer for bail, again prayer for bail of the petitioner stands rejected in connection with Session Trial No. 197 of 2015 (arising out of Benipatti, Arer P.S. Case No. 88 of 2003 G.R. No. 720 of 2003, pending in the court of learned Additional Sessions Judge-IV, Madhubani.

However, considering the period of detention of the petitioner, the learned trial court is directed to expedite the trial and to conclude the same as early as possible, preferably within a period of three months from the date of receipt/production of a copy of this order, failing which the petitioner, if at no fault, may renew his prayer of bail.

(Jitendra Mohan Sharma, J) siddharth/- U T