Patna High CourtCR. MISC./20663/2014disposed

Pradeep Mahto v. The State Of Bihar

2015-04-08Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20663 of 2014 Arising Out of PS.Case No. -101 Year- 2012 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Pradeep Mahto S/o Gopal Mahto Resident of Village Lamoniya, P.S. Banjaria, District East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar No.III, Advocate. For the Opposite Party/s : Mrs. Nirmala Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 08-04-2015 Having regard to the fact that the trial of the petitioner has advanced and, in fact, seven witnesses were already examined as on 23.05.2013 and the total number of witnesses are said to be only ten, this Court for the present is not inclined to grant bail to the petitioner specially the reasons incorporated in the order dated 09.10.2012 in Cr. Misc. No. 40989 of 2012.

Nonetheless, the petitioner is in custody for a period of more than three years i.e. 06.02.2012, this Court would direct the Superintendent of Police, East Champaran, Motihari to ensure that the remaining witnesses required to be examined on behalf of the prosecution in Sessions Trial No. 496 of 2012, arising out of Tirkaulia (Banjaria) P.S.Case No. 101 of 2012, must be produced within a period of four months from the date of receipt of a copy

Patna High Court Cr.Misc. No.20663 of 2014 (2) dt.08-04-2015 2/2 of this order.

The trial court, having examined the witnesses of prosecution, also must make its efforts to ensure that the judgment is also delivered in the period of next three months from the date of closure of the evidence by the prosecution. With the aforementioned observation and direction, this application is disposed of.

Let a copy of this order be sent to the Superintendent of Police, East Champaran as also to the trial court. (Mihir Kumar Jha, J) Sujit/- U