Patna High CourtCR. MISC./53693/2015rejected

Pramod Puri v. The State Of Bihar

2016-05-18Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53693 of 2015 Arising Out of PS.Case No. -57 Year- 2013 Thana -JALALPUR District- SARAN ====================================================== Pramod Puri son of Shri Ramdeo Puri resident of village - Sawari Puri Tola, Police Station - Jalalpur, District - Saran (Chapra). .... .... Petitioner

Versus

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

For the Petitioner : Mr. Brij Kishor Mishra, Advocate.

For the Opposite Party : Mr. Rana Randhir Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-05-2016 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Sessions Trial No. 867 of 2013, arising out of Jalalpur P.S. Case No. 57 of 2013, registered for the offences punishable under Sections 304(B), 201 and 34 of the Indian Penal Code.

Prayer for bail of the petitioner was earlier rejected vide order dated 16.12.2014 passed in Cr. Misc. No. 27708 of 2014 with a direction to conclude the trial within six months. The trial has yet not been concluded although more than one year has been elapsed. The trial court has reported that three witnesses out of seven have been examined and the next date is 26.05.2016, but no prosecution witness was present on the last date 04.05.2016.

Patna High Court Cr.Misc. No.53693 of 2015 (3) dt.18-05-2016 2/2 Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on bail in Sessions Trial No. 867 of 2013, arising out of Jalalpur P.S. Case No. 57 of 2013, pending in the court of the learned Additional Sessions Judge-IV, Chapra, Saran. Accordingly, the same is rejected. The trial court is directed to hold the trial on day-to-day basis after 26.05.2016 and made all efforts to conclude the trial within four months. If the trial is not concluded within stipulated time the petitioner may renew his prayer for bail. The Superintendent of Police, Saran, Chapra is directed to ensure that prosecution witnesses must be produced during the course of trial so that the trial must be concluded within four months.

(Prabhat Kumar Jha, J.) KKSINHA/- U T