Sunil Khatry v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55026 of 2016 Arising Out of PS.Case No. -125 Year- 2013 Thana -RAFIGANJ District- AURANGABAD ======================================================

1. Sunil Khatry, S/o Shankar Lal, R/o Village- Jakhim, P.S.- Rafiganj, District- Aurangabad (Bihar).

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Raj Kishore Prasad, Advocate For the Opposite Party/s : Mr. Sri Ram Anurag Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The application is for grant of bail for the offence under Sections 147, 148, 149, 341, 323, 387, 427, 435 of the Indian Penal Code, Section 10 of UAPA Act and Section 17 of C.L.A. Act.

It has been submitted on behalf of the petitioner that petitioner is not named in the First Information Report and his name transpires in the confessional statement of co-accused and there is no allegation against the petitioner in the case diary. It has further been submitted that the petitioner is in custody since 08.12.2014 Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.55026 of 2016 (2) dt.22-12-2016 2/2 Having heard both sides and in view of the fact that on perusal of the impugned order, it appears that the case has been committed to the Court of Session and pending in the court of 7th Additional Sessions Judge, Aurangabad. It further appears that the case was fixed for framing of charge but charge could not be framed on the ground that learned counsel for the defence has taken time.

Considering the above fact, I am not inclined to grant bail to the petitioner. The learned court below is directed to expedite the trial and conclude the same within a period of six months considering that the petitioner is in custody for about two years. It is further made clear that petitioner has to cooperate in disposal of the case.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) Vats/- U T