Niranjan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41810 of 2018 Arising Out of PS. Case No.-8 Year-2014 Thana- KHUSRUPUR District- Patna ====================================================== Niranjan Singh, S/o Yogendra Singh, R/o Village- Sukerbeg Chak, P.S.- Khusrupur, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Vijay Kumar For the Opposite Party/s :

Mr. Sri Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-10-2018 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Khusrupur P. S. Case No. 8 of 2014 instituted for the offence under Section(s) 302/34 of the Indian Penal Code and Section 27 of the Arms Act. Earlier prayer for bail of the petitioner was twice rejected by order dated 29.2.2016 and 9.8.2017 passed in Cr. Misc. no. 46140 of 2015 and Cr. Misc. no. 35696 of 2017. Learned counsel for the petitioner has submitted that the petitioner is in custody since 25.6.2014. Learned counsel for the informant has appeared and submitted that this case is at the stage of final argument. A report has been called for from the Court below which has been received wherein it is mentioned that the case is

Patna High Court Cr.Misc. No.41810 of 2018(4) dt.10-10-2018 2/3 at the stage of final argument.

It is further mentioned in the report that the Presiding Officer is on training from 13.9.2018 which is likely to end on 6.1.2019.

Earlier this Hon'ble Court by order dated 9.8.2017 had directed the trial Court to conclude the trial within nine months.

This Court is really surprised that despite the specific direction of this Court to expedite the trial within nine months the case is pending at the stage of argument in a court where the Presiding Officer is not available from 13.9. 2018 to 6.1.2019. It is also a matter of surprise that trial of serious cases are pending in such courts who have to go on training for such long period.

District and Sessions Judge, Patna is directed to personally monitor the case for expeditious disposal of the case within a period of six months from the date of receipt of copy of this order. District and Sessions Judge will also send the compliance report to this court after disposal of the case. The bail petition is disposed off with direction to the Court below to conclude the same within a period of six month from the date of receipt of copy of this order and send

Patna High Court Cr.Misc. No.41810 of 2018(4) dt.10-10-2018 3/3 compliance report. In the event, the case is not disposed of within aforesaid period the petitioner will be at liberty to renew prayer for bail in the Court below itself which shall be considered and disposed off on its own merit in accordance with law without being prejudiced by this order The Registrar General, Patna High Court will seek necessary guidelines from Hon'ble the Chief Justice over the cases which are pending in the Court of Additional District and Sessions Judge -IV, Patna City as well as before other Additional District and Sessions Judges in the State, who are on training from 13.9.2018 to 6.1.2019 for such a long period. Let a copy of this order be communicated to the Registrar General Patna High Court.

(Sanjay Priya, J) shyambihari/- U T