Patna High CourtCR. MISC./46592/2017dismissed

Prince Kumar @ Gauri Shankar v. The State Of Bihar

2017-09-21Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46592 of 2017 Arising Out of PS.Case No. -75 Year- 2016 Thana -HULASGANJ District- JEHANABAD ======================================================

1. Prince Kumar @ Gauri Shankar, S/o Sanjay Yadav @ Sanjiv, Resident of Village- Hasaura, P.S.- Jehanabad, District- Jehanabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Kumar For the Opposite Party/s : Mr. Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-09-2017 Heard the parties.

The petitioner seeks regular bail in Hulasganj P.S. Case No.75 of 2016 registered for the offence under Sections 364, 414/34 of the I.P.C.

Allegation as per the First Information Report against the petitioner is that the police intercepted the vehicle and thereafter five persons started to flee away from the place of occurrence, but on chase two persons were arrested who accepted their guilt and stated that the driver and khalasi were in their captivity. Submission of the learned counsel for the petitioner is that the petitioner was not arrested on the spot and there is nothing against the petitioner. He is in custody for more than one year. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.46592 of 2017 (2) dt.21-09-2017 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner. However, as the petitioner is in custody for more than one year, the trial court is directed to expedite the trial, by conducting it on day to day basis so as to conclude it within the period of nine months and at the same time Superintendent of Police, Jehanabad, is directed to ensure the production of the witnesses on the date of the trial fixed.

With this observation, this application is dismissed. Let a copy of this order be communicated to the S.P., Jehanabad. (Vinod Kumar Sinha, J) AnilKrSinha/- U