Umesh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39756 of 2015 Arising Out of PS.Case No. -5 Year- 2007 Thana -DARPA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Umesh Sahani son of Ramashish Sahni, resident of village- Sukhalahiya, P.S- Darpa, Dist- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Rajendra Pd. Nat(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-09-2015 Heard both sides.

The petitioner seeks bail in a case under Section 302 and other sections of the Indian Penal Code.

The petitioner is the assailant of the deceased. Considering the nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

It is submitted that the petitioner is in custody since 04.07.2007 but the trial has not yet been concluded. The learned trial court is directed to expedite the trial and conclude the same within six months from the date of receipt of this order. The Superintendent of Police, East Champaran, Motihari is directed to

Patna High Court Cr.Misc. No.39756 of 2015 (2) dt.07-09-2015 2/2 ensure attendance of all the witnesses of Darpa P.S. case No. 05 of 2007 corresponding to Sessions Trial No. 05/2011 to be produced before the trial court for evidence so that the trial must be concluded within six months.

Let a copy of this order be sent to the learned trial court as well as the Superintendent of Police, East Champaran, Motihari so that the trial must be concluded within six months. If the trial is not concluded within six months, the petitioner may renew his prayer for bail.

(Prabhat Kumar Jha, J) BKS/- U T