Sahdeo Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62776 of 2018 Arising Out of PS. Case No.-32 Year-2016 Thana- VIDYAPATINAGAR District- Samastipur ====================================================== Sahdeo Sah Son of late Juga Sah Resident of Ward No. 16, Mahnar Chouri, P.S. Mahnar, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Y.C. Verma, Sr. Adv.
Mr. Niranjan Kumar, Adv.
Smt. Smita Prasad, Adv.
For the Opposite Party/s :
Smt. Sangeeta Sharma Smt. Anju Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-12-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner seeks bail in Vidyapati Nagar P.S. Case No. 32 of 2016 instituted for the offence under Section(s) 302, 307 and 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.
The prayer for bail of the petitioner was earlier rejected by co-ordinate Bench of this court by order dated 25.4.2018 passed in Cr. Misc. no.11314 of 2018 whereby the trial Court was directed to expedite the trial and preferably conclude the same within a year.
Learned counsel for the informant has submitted that
Patna High Court Cr.Misc. No.62776 of 2018(4) dt.06-12-2018 2/3 in the court below all the private witnesses have been examined. The Investigating Officer and Doctor are only left to be examined. He further submits that one year has still not been completed and the trial is likely to be concluded within a year as earlier ordered by co-coordinate Bench of this Court by order dated 25.4.18. He has further submitted that there is criminal antecedent of petitioner having seven cases pending against him.
Learned counsel for the petitioner submits that petitioner is suffering from several diseases and, therefore, continuance of his custody may cause bad impact on his health. It has further been submitted that some important aspects were not earlier argued.
This Court is of the view that earlier co-ordinate Bench of this Court had heard the bail petition of the petitioner on merit and rejected the same with direction to expedite the trial and preferably conclude the same within a year. Therefore, this Court is not inclined to grant bail to the petitioner at this stage. The prayer for bail of the petitioner stands rejected. The trial court will make all efforts to conclude the trial within the period as directed by this court in Cr. Misc. no. 11314 of 2018 dated 25.4.2018 and send compliance report.
Patna High Court Cr.Misc. No.62776 of 2018(4) dt.06-12-2018 3/3 The petitioner is given liberty to file appropriate application in the Court below on the ground of illness. The court below after looking into the documents shall pass appropriate order in accordance with law without being prejudiced by the present order.
(Sanjay Priya, J) shyambihari/- U T