Ashok Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40480 of 2016 Arising out of P.S.Case No. -125 Year- 1996 Thana -OBRA District- AURANGABAD ====================================================== Ashok Ram, s/o Budhu Ram, r/o village - Malwan, P.S. - Obra (Khudwa), District - Aurangabad (Bihar).

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Lal Bahadur Singh, Advocate. For the State : Smt. Asha Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-12-2016 Heard both sides.

The petitioner seeks bail in Obra P.S. Case No. 125 of 1996 registered under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act corresponding to Sessions Trial No. 295A of 1997/804 of 2015.

It is submitted that the prayer of the petitioner was earlier rejected vide order dated 15.6.2015 passed in Cr. Misc. No. 18584 of 2015 but the trial has not yet been concluded even after a lapse of more than one and half years although, a direction was given by this Court to conclude the trial within one year. It appears from perusal of the order of the learned Additional Sessions Judge-II, Aurangabad that the trial is pending only for examination of the Investigating Officer and Doctor.

Patna High Court Cr.Misc. No.40480 of 2016 (2) dt.14-12-2016 2/2 There is a specific allegation against the petitioner that he fired causing the death of the deceased. The petitioner was absconding for more than 18 years.

Considering the facts aforesaid, I am not inclined to grant bail to the petitioner.

The prayer for bail of the petitioner stands rejected. The learned court below is directed to expedite the trial and conclude the same within six months. The Superintendent of Police, Aurangabad, is directed to ensure attendance of the Investigating Officer and Doctor on the date fixed for evidence so that the trial must be concluded within six months.

Let a copy of this order be sent to the Superintendent of Police, Aurangabad, and the learned Additional Sessions JudgeII, Aurangabad, for information and needful. (Prabhat Kumar Jha, J) S.Ali/- U T