Pradeep Chandra Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24088 of 2017 Arising Out of PS.Case No. -334 Year- 2013 Thana -SITAMARHI District- SITAMARHI ======================================================
1. Pradeep Chandra Gupta, S/o Siya Ram Gupta, Resident of MohallaHospital Road, Dr. Yugal Kishore Gali, Bhawdepur, Ward No.- 19, P.S.- Sitamarhi, Distt.- Sitamarhi .... Petitioner
Versus
1. The State of Bihar .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Sunil Kumar Verma, Adv. For the Opposite Party : Smt. Veena Kumari Jaiswal, APP 147 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-06-2017 Heard the learned counsel for the petitioner and the State.
This is a petition for grant of regular bail for offence under Sections 147, 148, 149, 323, 324, 326, 307, 302 and 448 of the Indian Penal Code.
The petitioner is in custody since about four years in connection with Sessions Trial No. 247 of 2013 arising out of Sitamarhi (Mehsaul O.P.) P.S. Case No. 334 of 2013. The report of the learned trial Judge (Additional District Judge, I, Sitamarhi), at flag 'A' reveals that the case is pending for final argument.
The petitioner had approached the learned Sessions Judge, Sitamarhi, for transfer of the same case to some other Court for early disposal on the ground of heavy work load in the Court of learned Additional District Judge, I, Sitamarhi. The prayer was refused on 24.03.2017 in Misc. Case No. 9 of 2017 without any direction to the learned trial Judge to conclude the trial. Considering the aforesaid fact let the learned trial Judge conclude the trial within two months from the date of
Patna High Court Cr.Misc. No.24088 of 2017 (3) dt.28-06-2017 2/2 receipt of a copy of this order by hearing the case on day-to-day basis without allowing any frivolous adjournment to the parties of the case. If the trial is not concluded within the aforesaid period, the learned trial Judge shall submit explanation as to why the petitioner should not be released on bail.
With the aforesaid observation, prayer for bail stands refused for the present.
(Birendra Kumar, J) SA/- U √ T √