Kundan Kumar @ Kundan Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59673 of 2022 Arising Out of PS. Case No.-122 Year-2020 Thana- TEGHRHA District- Begusarai ====================================================== Kundan Kumar @ Kundan Mahto S/O Tuntun Mahto Resident of villageGaura, Ward no- 01, P.S.- Teghra, District- Begusarai. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashank Shekhar, Advocate Mr. Mukesh Kumar Singh, Advocate Ms. Sanjana, Advocate For the Opposite Party/s :
Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner in this case has renewed his prayer for bail in connection with Teghra P.S. Case No. 122 of 2020 corresponding to Sessions Trial No. 130 of 2021 registered for the offences under Sections 448, 341, 323, 307, 504, 506, 302 and 34 of the Indian Penal Code and later on Section 302 was added. He is in custody since 29.05.2020. He has no criminal antecedent.
Earlier his prayer for bail was rejected by this Court vide order dated 13.08.2021 passed in Cr. Misc. No. 10457 of 2021 with an observation that in case the trial remains unconcluded within this period for no reason attributable to the petitioner, he may renew his prayer for bail.
Patna High Court CR. MISC. No.59673 of 2022(3) dt.03-05-2023 2/2 Learned counsel for the petitioner submits that out of nine prosecution witnesses, five have already been examined. Considering this aspect of the matter that more than half of the prosecution witnesses have already been examined, this Court directs the learned trial court to conclude the trial within a period of four months from the date of receipt/production of a copy of this order. The shorter dates be fixed for this purpose and no unnecessary adjournment be granted.
In case, the trial still remains unconcluded for the laches on the part of the prosecution, the petitioner will be at liberty to file an application for grant of bail in the learned court below itself which will be considered on its own merit. This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) lekhi/- U T