Dilip Sah @ Mayank Sah @ Mayank v. The State Of Bihar

Patna High Court Cr.Misc. No.19806 of 2016 (3) dt.21-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19806 of 2016 Arising Out of PS.Case No. -76 Year- 2011 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Dilip Sah @ Mayank Sah @ Mayank Son of Ramjee Sah, Resident of Village - Narayanpur Tola Nakardeva, P.S. - Rajepur, District - East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhishek Kumar For the Opposite Party/s : Mr. Manoj Kumar 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 21.09.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

The learned trial court has reported that out of twelve prosecution witnesses, four prosecution witnesses have already been examined and to procure the attendance of remaining prosecution witnesses, processes have already been issued and list of witnesses has been sent to Superintendent of Police, East Champaran for needful. No doubt, petitioner is in jail custody since 26.9.2011 but his trial has already commenced and there is specific allegation against the petitioner that he as well as three others made indiscriminate firing causing death of the informant's husband. Petitioner does have criminal antecedent of near about five cases of murder and therefore, I am not inclined to release the petitioner on bail and his prayer for bail in connection with Sessions trial no.

Patna High Court Cr.Misc. No.19806 of 2016 (3) dt.21-09-2016 142/2015 corresponding to Rajepur P.S. case no.76/2011 is, again, rejected.

However, the learned trial court is directed to conclude the trial of the petitioner within six months from the date of receipt/production of a copy of this order.

Let a copy of this order be sent to Superintendent of Police, East Champaran with direction to him to ensure the presence of remaining prosecution witnesses of Sessions trial no. 142/2015 corresponding to Rajepur P.S. case no.76/2011 before the Addl. Sessions Judge VII, East Champaran at Motihari/concerned court without any delay, failing which matter shall be viewed seriously. Shahid (Hemant Kumar Srivastava,J) U T