Karan Kumar @ Prahlad Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38448 of 2017 Arising Out of PS.Case No. -41 Year- 2016 Thana -JAMALPUR RAIL P.S. District- LAKHISARAI ====================================================== Karan Kumar @ Prahlad Kumar, Son of Babu Saheb Sahni, Resident of Village- Padiya, P.S.- Bariyarpur, District- Munger. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sanjeev Kumar, Advocate. For the Opposite Party/s : None.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner.

The petitioner is seeking regular bail in Jamalpur Rail P.S. Case No. 41/16 registered under Sections 25(1-b)a / 26(II) of the Arms Act.

Learned counsel for the petitioner submits that although the petitioner is accused in four other cases, however, in all those cases, except one, he has been granted bail. In the present case, it is stated that charge has already been framed and, in course of trial, one witness has been examined long back but thereafter there is no progress in the trial and the petitioner is in custody in the present case since 17.08.2016.

No one appears for the State.

In the facts and circumstances of the case, considering the criminal antecedent I am not inclined to grant regular bail to

Patna High Court Cr.Misc. No.38448 of 2017 (2) dt.19-08-2017 2/2 the petitioner in the above mentioned case at this stage, particularly when the trial has already begun and one witness has been examined by the trial court.

It is, however, directed that the trial court shall conclude the trial within a period of five months from the date of receipt of a copy of this order.

The learned Sessions Judge, Lakhisarai has already directed the District Magistrate, Lakhisarai and the S.R.P., Jamalpur to take necessary steps to ensure that all the witnesses are produced in the court below without any delay. This Court would accordingly direct the authorities to make available the witnesses on the dates fixed.

The application stands disposed of.

If the trial is not concluded within the stipulated period, the petitioner may renew his prayer for bail. (Rajeev Ranjan Prasad, J) Dilip, AR U T