Patna High CourtCR. MISC./2225/2017disposed

Sanjay Bhagat v. The State Of Bihar

2017-02-23Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2225 of 2017 Arising Out of PS.Case No. -155 Year- 2013 Thana -BOCHAHA District- MUZAFFARPUR ====================================================== Sanjay Bhagat, S/o Mahesh Bhagat, resident of vill. Bathna, P.S. Motipur, District - Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Diwakar Prasad Karn, Advocate. For the Opposite Party/s : Mr. Nand Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-02-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Bochaha P.S. Case No. 155 of 2013 instituted for the offence under Section 395 of the Indian Penal Code.

The bail of the petitioner was rejected twice by this Court with a direction to the court below to dispose of the case. From the report of the Sessions Judge, it appears that two witnesses have been examined and non-bailable warrant of arrest has been issued against private witnesses.

The District Judge, Muzaffarpur, is ordered to direct the court concerned to proceed with the case on day to day basis and ensure that the same is disposed off preferably within a period of 6 months from the date of receipt of this order. The court below

Patna High Court Cr.Misc. No.2225 of 2017 (3) dt.23-02-2017 2/2 will submit a report to the District Judge in this regard. In the event the case is not disposed off within aforesaid period, it would be forwarded by the District Judge to this Court and in the event the explanation is not reasonable, the Court may think for taking necessary action against the trial court for non-compliance of this Court's order.

With this observation, the application stands disposed off.

If the trial court will not dispose off the case within a period of six months, the petitioner would be at liberty to renew his prayer for bail after six months in the lower court itself which shall be considered by the court below on its own merit without being prejudiced by this order.

(Sanjay Priya, J) S.Ali/- U T