Patna High CourtCR. MISC./45625/2017dismissed

Amresh Chaudhary v. The State Of Bihar

2017-09-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45625 of 2017 Arising Out of PS.Case No. -166 Year- 2016 Thana -PARWATTA District- KHAGARIA ======================================================

1. Amresh Chaudhary, Son of Late Shaligram Chaudhary, Resident of Village-Kanhaiya Chak, P.S.-Parbatta, District _khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mritunjay Kumar Jha For the Opposite Party/s : Mr. Sri Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-09-2017 Heard the parties.

The petitioner seeks regular bail in Parbatta P.S. Case No. 166 of 2016 registered for the offence under Section 47 of the Excise Act and 25(1-B) A, 26 & 35 Arms Act.

Earlier prayer for bail of the petitioner was rejected vide Annexure-1 to this petition with observation that "the trial court was directed to conclude the trial within a period of seven months and if not concluded, the petitioner is at liberty to renew his prayer for bail before the court concerned, who will consider the same on the basis of materials available at that time. Submission of the learned counsel for the petitioner is that it appears that period of seven months has not expired, however, submission of the learned counsel for the petitioner is that

Patna High Court Cr.Misc. No.45625 of 2017 (2) dt.20-09-2017 2/2 uptill now two witnesses have been examined.

Heard learned A.P.P. also.

Having heard both sides and in such view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner. However, trial court is directed to expedite the trial and conclude within the period as stipulated earlier. If not concluded within that period, petitioner may renew his prayer for bail before the trial court itself.

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