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Patna High CourtCR. MISC./27210/2017dismissed

Gopal Kumar v. The State Of Bihar

2017-08-24Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27210 of 2017 Arising Out of PS.Case No. -194 Year- 2016 Thana -JAKKANPUR District- PATNA ====================================================== Gopal Kumar, son of Arbind Singh, resident of Pachahadha, Police stationHisua, District- Nawada. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Thakur with Mr. Bipin Kumar, Advocates For the Opposite Party/s : Mr. Dilip Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-08-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Jakkanpur P.S. Case No. 194 of 2016 registered for the offences punishable under Sections 420 and 379 of the Indian Penal Code. Allegation against the petitioner is of illegally withdrawing money through ATM from other accounts. Submission of learned counsel for the petitioner is that as except confessional statement there is nothing against him and he is in custody since 5.9.2016. Further submission is that though he has been made accused in large number of cases but in all those cases he has been implicated by police.

Heard learned APP also.

In this case a report was called for and from the report it

Patna High Court Cr.Misc. No.27210 of 2017 (5) dt.24-08-2017 2/2 appears that there are altogether 16 cases of similar type are against him and considering this aspect of the matter, I am not inclined to grant bail to the petitioner.

However, as petitioner is in custody for a year, learned trial court is directed to expedite trial on day to day basis and try to conclude it as early as possible, preferably within six months. At the same time, Sr.Superintendent of Police, Patna is directed to ensure presence of the witnesses in court on the date fixed, so that trial be concluded within the said period.

Learned District Judge, Patna is directed to monitor the progress of the case and if any laches is found on the part of prosecution, he will inform this Court.

With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U