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Patna High CourtCR. APP (SJ)/1152/2016dismissed

Pintu Choudhary @ Pintu Kumar v. The State Of Bihar

2017-05-15Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1152 of 2016 Arising Out of PS.Case No. -107 Year- 2014 Thana -PATEPUR District- VAISHALI(HAJIPUR) ====================================================== Pintu Choudhary @ Pintu Kumar .... .... Appellant/s

Versus

The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Nagendra Kumar Singh For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-05-2017 Present appeal has been preferred by the appellant under Section 14A(2) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities ) Act, 2015, for grant of regular bail in connection with Tr. No. 476/2015, corresponding to Patepur P.S. Case No. 107/2014 for the offences punishable under Sections 302/34 Indian Penal Code and Section 3(2)(V) of SC/ST Act. From perusal of the record, it appears that earlier appellant's application for regular bail was rejected on merit by a Coordinate Bench of this Court vide order dated 30.01.2016, passed in Criminal Miscellaneous No. 52687/2015.

It has been submitted on behalf of the appellant that the appellant has been languishing in judicial custody since 14.08.

Patna High Court CR. APP (SJ) No.1152 of 2016 (7) dt.15-05-2017 2/2 imposed on him.

Heard learned Special Public Prosecutor also. Having heard both sides, in view of the fact that earlier appellant's application for regular bail has already been rejected on merit and in this appeal also, no new ground has been taken by the appellant, warranting consideration of prayer of his bail, accordingly, I am not inclined to release the appellant on bail, accordingly, this appel is dismissed.

Further, in this case a report was called for, which shows that uptil now not a single witness could be examined, though charge has been framed in this case, as such, Trial Court is directed to conduct the Trial on day to day basis and try to conclude the same within a period of six months from today. At the same time, Superintendent of Police, Vaishali, is directed to ensure production of witnesses in the Trial Court, so that the trial can be concluded expeditiously. Trial Court, is also directed to sent progress report of the trial to this Court on each month.

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