Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57408 of 2022 Arising Out of PS. Case No.-390 Year-2020 Thana- GORAUL District- Vaishali ====================================================== Chandan Kumar, son of Surendra Mahto, R/o Village- Bargaon, P.S.- Piar, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur, Advocate.

For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 21-12-2022 Heard Mr. Hari Kishore Thakur, learned counsel appearing on behalf of the petitioner and Mr. Rajendra Prasad Nat, learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Goraul (Katahara O.P.) P.S. Case No. 390 of 2020 for the offence punishable under Sections 394/307 of the Indian Penal Code and Section 27 of the Arms Act.

Earlier prayer for bail of the petitioner was rejected vide order dated 03.12.2021 passed in Cr. Misc. No. 26892 of 2021.

Learned counsel appearing on behalf of the petitioner submitted that the petitioner has clean antecedent and the F.I.R. has been lodged against unknown persons for robbery of Rs. 45,000/- and a mobile phone. Petitioner is in custody since 20.10.2020.

Patna High Court CR. MISC. No.57408 of 2022(3) dt.21-12-2022 2/2 This Court vide order dated 23.11.2022 had directed the trial court to submit a report with respect to the stage of the trial and in compliance of the said order, a report has been submitted contained in Letter No. 124/22 dated 08.12.2022. From perusal of the said report, it appears that the next date of hearing has been fixed on 03.01.2023 and only five witnesses are to be examined.

Considering the aforesaid report, the trial court is directed to conclude the trial expeditiously well within a period of three months considering the fact that petitioner has clean antecedent and he is an under trial and has remained in custody for more than two years since 20.10.2020.

The Superintendent of Police, Vaishali at Hajipur is directed to produce all prosecution witnesses on the date fixed by the trial court and produce as many witnesses on the next day i.e. on 03.01.2023 for being examined.

In case the trial is not concluded within a period of three months, the petitioner, if so advised, may renew his prayer for bail.

Accordingly, the bail application stands disposed of. (Purnendu Singh, J) mantreshwar/- U T