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Patna High CourtCR. MISC./63093/2018dismissed

Subhash Sharma v. The State Of Bihar

2018-12-12Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63093 of 2018 Arising Out of PS. Case No.-72 Year-2014 Thana- KHIRI MORE District- Patna ====================================================== Subhash Sharma son of Late Rajnandan Singh, resident of Village- Rampur, P.S. Karpi, District Arwal.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Braj Kishore Singh For the Opposite Party/s :

Mr. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-12-2018 Earlier prayer for bail of the petitioner was rejected by this Court vide order dated 27.9.2017 passed in Cr.Misc.No.21430 of 2017 and there is allegation against the petitioner of indiscriminate firing and causing death of three persons.

Submission of learned counsel for the petitioner is that petitioner is in custody since 7.4.2015 and trial has not been concluded as yet.

Heard learned APP and perused the report of learned court below, from which it appears that out of 11 witnesses 8 have been examined and the case is pending for evidence of I.O. and Doctor and summons have already been issued against them.

In the facts and circumstances, I am not inclined to

Patna High Court Cr.Misc. No.63093 of 2018(4) dt.12-12-2018 2/2 grant bail to the petitioner.

However, learned trial court is directed to expedite the trial by conducting it on regular basis and at the same time, Sr.S.P., Patna is directed to ensure the presence of I.O. in court on the next date fixed and Civil Surgeon, Patna is also directed to produce the Doctor in court on the next date fixed, so that the trial may be concluded expeditiously. The aforesaid direction must be complied in strict sense, otherwise cognizance of the fact shall be taken by this Court.

With the above observation, this application is dismissed.

Let this order be communicated to the Sr. S.P., Patna and Civil Surgeon, Patna forthwith.

(Vinod Kumar Sinha, J) spal/- U T