Birendra Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28291 of 2017 Arising Out of PS.Case No. -197 Year- 2013 Thana -ATRI District- GAYA ====================================================== Birendra Chaudhary S/o late Bhola Chaudhary R/o Tesusa, Thana - Atri, District - Gaya.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dinu Kumar, Adv. For the Opposite Party/s : Mr. Dilip Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-08-2017 Heard both sides.

prayer for bail of the petitioner was earlier rejected vide order dated 28.09.2016 passed in Cr. Misc. 41416/2016 with a direction to the trial court to hold the trial on day-to-day basis and conclude the same within six months from the date of receipt/production of a copy of the order.

Learned counsel for the petitioner submits that the trial has not yet been concluded even after lapse of more than six months. A report has been called for and the learned Additional District & Sessions Judge IXth, Gaya reported that thirteen witnesses have already been examined and only two witnesses remained to be examined. Trial is likely to be concluded within two months.

Patna High Court Cr.Misc. No.28291 of 2017 (4) dt.09-08-2017 2/2 Considering the facts and the report received from the learned A.D.J IXth, Gaya, the prayer for bail of the petitioner is rejected.

The trial court is directed to hold the trial on day-to-day basis and conclude the same within two months from the date of receipt of this order.

If the trial is not concluded within two months, the petitioner may renew prayer for bail.

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