Saudagar Kumar Sahni @ Saudagar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58039 of 2022 Arising Out of PS. Case No.-37 Year-2018 Thana- JANDAHA District- Vaishali ====================================================== SAUDAGAR KUMAR SAHNI @ SAUDAGAR SAHNI Son of Parikshan Sahni Resident of village - Soharthi, P.S.- Jandaha, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh For the Opposite Party/s :

Mr.Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-02-2023 The present petition is by way of third attempt at the behest of the petitioner for grant of bail in connection with Jandaha P.S.Case No. 37 of 2018 (S.Tr.No. 273/2019) under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act, inasmuch as the earlier prayers of the petitioner for grant of bail have all stood rejected by this Court.

This Court had called for a report from the learned trial court regarding the present stage of the trial and the time likely to be taken to conclude the trial, in response whereof, the Additional Sessions Judge-XIII, Vaishali at Hajipur has sent a

Patna High Court CR. MISC. No.58039 of 2022(5) dt.01-02-2023 2/3 letter dated 24.1.2023, wherein it has been stated that three witnesses out of nine charge-sheeted prosecution witnesses have been examined and six witnesses are yet to be examined.

The learned counsel for the petitioner has submitted that on the earlier occasion, when this Court had rejected the prayer of the petitioner for grant of bail, vide order dated 11.8.2021, passed in Criminal Miscellaneous No. 27466 of 2021, then also only three witnesses had been examined and since then i.e. even after a lapse of about one year, not a single witness has been examined, which shows the insensitiveness and laxity on the part of the Ld. trial court.

In view of the aforesaid, the learned court of Additional Sessions Judge-XIII, Vaishali at Hajipur is warned of appropriate action in case all the remaining six witnesses are not examined within a period of three months from today.

The learned Additional Sessions Judge-XIII, Vaishali at Hajipur is also directed to submit a weekly report to the Registrar General of this

Patna High Court CR. MISC. No.58039 of 2022(5) dt.01-02-2023 3/3 Court.

At this juncture, the learned counsel for the petitioner submits that the petitioner be granted liberty to renew his prayer for bail, in case the ongoing trial is not concluded within a period of six months from today. Liberty, so sought, is granted.

The present petition stands disposed off as not pressed.

Let a copy of this order be transmitted to the Additional Sessions Judge-XIII, Vaishali at Hajipur for needful compliance.

(Mohit Kumar Shah, J) Ajay/- U T