Baban Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19858 of 2015 Arising Out of PS.Case No. -222 Year- 2007 Thana -PAROO District- MUZAFFARPUR ====================================================== Baban Sahani, S/O Lakhan Sahani, resident of village- Chakki Suhagpur, P.S.- Paroo, District- Muzaffarpur.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Sanjay Kumar, Advocate.
For the Opposite Party : Mr. D. P. Tiwary, (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-08-2015 Heard both sides.
The petitioner seeks bail in a case registered for the offence punishable under Section 396 of the Indian Penal Code. The prayer for bail of the petitioner was rejected vide order dated 18.01.2013 passed in Cr. Misc. No. 41358 of 2012 with a direction to the trial court to proceed with the trial expeditiously but till date only charge sheet is submitted. There is specific allegation of dacoity and murder and the petitioner was duly identified by the witnesses.
Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on bail. Accordingly, the same is rejected.
The petitioner is in jail since 17.07.2011, the petitioner
Patna High Court Cr.Misc. No.19858 of 2015 (3) dt.19-08-2015 2/2 has already remained in jail for four years, the trial court is directed to hold the trial on day-to-day basis and conclude the same within eight months from the date of receipt of this order. The S.S.P., Muzaffarpur is also directed to ensure the attendance of all the witnesses of Sessions Trial No. 300 of 2012, arising out of Paroo P.S. Case No. 222 of 2007, so that the trial must be concluded within eight months. If the trial is not concluded within eight months without fault of the petitioner, the petitioner may renew his prayer for bail.
(Prabhat Kumar Jha, J.) KKSINHA/- U T