Patna High CourtCR. MISC./52245/2017dismissed

Surendra Sah v. The State Of Bihar

2018-03-07Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52245 of 2017 Arising Out of PS.Case No. -66 Year- 2016 Thana -RAJGIR District- NALANDA (BIHARSHARIFF) ======================================================

1. Surendra Sah, son of late Mitti Sah, resident of village- Panditpur, Police Station- Rajgir, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 7/ 07-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Rajgir P.S. Case No.66 of 2016 (S.Tr. No.677 of 2016) instituted for the offence under Section(s) 147, 148, 149, 323, 307, 504, 506 Indian Penal Code pending in the Court of the Additional Sessions Judge, VI, Nalanda at Biharsharif.

Prayer of the petitioner for bail was rejected twice by this Court.

A report was called for from the Court below about the present stage of the case, which has been received. From the report of the trial Court, it appears that six witnesses have already been examined.

It has been submitted that petitioner is in custody

Patna High Court Cr.Misc. No.52245 of 2017 (7) dt.07-03-2018 2/2 since 28.10.2016.

Since trial has already begun and six witnesses have already been examined, this Court is not inclined to enlarge the petitioner on bail at this stage.

Prayer of the petitioner for bail is once, again, rejected.

The Trial Court is directed to expedite the trial of the petitioner by giving short adjournments and make efforts to conclude the same as early as possible preferably within a period of six months from the date of receipt of a copy of this order. Liberty is given to the petitioner to renew his prayer for bail in the Court below itself in the event trial is not concluded within the aforesaid period, which shall be considered and disposed off by the learned Court below in accordance with law and the Trial Court will give reason in the aforesaid order for not concluding the trial within the aforesaid time. (Sanjay Priya, J) JA/- U T