Sanjay Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4717 of 2017 Arising Out of PS.Case No. -219 Year- 2015 Thana -LAXMIPUR District- JAMUI ====================================================== Sanjay Sah, Son of Late Kishan Sah, Resident of village- Gaura, P.S. - Laxmipur, District - Jamui.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Manoj Kumar Singh, Advocate. For the Opposite Party : Mr. Tarun Prasad Mandal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-04-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 29.11.2015 in connection with Laxmipur P.S. Case No. 219 of 2015 for the offences instituted under Sections 302, 120(B)/34 of the I.P.C. The prosecution story, in brief, is that on 27.11.2015 at about 3.00 P.M., the informant sent his father to see the harvested paddy crop. His father alongwith Samdhi Mahendra Sah went there and after one hour of the incident Samdhi came running. He told him that 3-4 persons killed his father. It is further said that his father was found dead in front of the house of Sanjay Sah when he was returning home. It was found that blood was oozing out from his head and stomach and blood was found around his body. It is

Patna High Court Cr.Misc. No.4717 of 2017 (3) dt.26-04-2017 2/3 also said that presently there is a case in between both the parties and it is the main cause of incident.

Earlier the bail application of the petitioner was rejected vide Cr. Misc. No. 21066 of 2016 dated 01.08.2016 taking into account that the petitioner is one of the assailants of the deceased. The postmortem report also supported the allegation made in the F.I.R.

A report has been called for from the court below regarding the stage of the case. It has been reported that the trial is likely to be concluded within a period of four months. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in connection with Laxmipur P.S. Case No. 219 of 2015, pending in the court of learned C.J.M. Jamui.

. The court below is directed to take all necessary steps to conclude the trial preferably within a period of four months from the date of receipt/production of copy of the order. The District Magistrate, Jamui and the Superintendent of Police, Jamui are also directed to take all necessary steps to produce the remaining prosecution witnesses on the date fixed by the court below so that the trial could be concluded with the stipulated period.

Patna High Court Cr.Misc. No.4717 of 2017 (3) dt.26-04-2017 3/3 Let a copy of this order be communicated to the District Magistrate, Jamui and the Superintendent of Police, Jamui.

U.K./- (Sudhir Singh, J) U T