Patna High CourtCR. MISC./50839/2017dismissed

Shiv Narayan Mahto @ Shivnarayan Mahto v. The State Of Bihar

2017-12-06Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50839 of 2017 Arising Out of PS.Case No. -28 Year- 2016 Thana -UJIYARPUR District- SAMASTIPUR ======================================================

1. Shiv Narayan Mahto @ Shivnarayan Mahto, S/o Late Chalittar Mahto, resident of Village- Chand Chour Mathurapur, P.S.- Ujiarpur, DistrictSamastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar For the Opposite Party/s : Mr. Sri Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-12-2017 Heard learned counsel for the petitioner and the State. Earlier prayer for bail of the petitioner was rejected by order dated 08-03-2017 passed in Cr. Misc. No. 3692 of 2017. A report was called for from the court below, which has been received.

From the report it appears that the trial of the case has begun and out of 7 witnesses, four witnesses have already been examined. The examination of informant and I.O. is to be done. The court below has submitted in the report that case is likely to be concluded within four months.

The court below is directed to conclude the trial of the petitioner within six months from the date of receipt/production of copy of this order giving short adjournment to the parties. The court will issue necessary letter in advance to the Superintendent of Police,

Patna High Court Cr.Misc. No.50839 of 2017 (3) dt.06-12-2017 Samastipur for production of the I. O., the informant and other witnesses for their evidence.

Prayer for bail of the petitioner in connection with Ujiyarpur P.S. Case No. 28 of 2016 is rejected for the present. The petitioner is however given liberty to renew his prayer for bail in the court below itself in the event the trial is not concluded within six months which will be disposed of in accordance with law and court below will give reason in the order for not concluding the trial within the aforesaid period of six months.

(Sanjay Priya, J) A.K.V./- U T