Budhan Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50584 of 2017 Arising Out of PS.Case No. -69 Year- 2003 Thana -SAMSTIPUR RAIL P.S DistrictSAMASTIPUR ======================================================

1. Budhan Jha, Son of Taranand Jha, Resident of Village- Narayanpur, Police Station- Saraigarh, District- Supaul.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Sri Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-11-2017 Heard the parties.

This application is for grant of regular bail in connection with Trial RegistrationNo.11/03 arising out of Samastipur Rail P.S.Case No.69 of 03 for the offences punishable under Sections 328, 379, 411/34 of the Indian Penal Code and Sections 21/22 of N.D.P.S. Act.

This is a case of misuse of privilege of bail. It appears from perusal of the record that after framing the charge, the accused was absconding in the year, 2006 and his bail bond was cancelled and later on he surrendered on 31.1.2017. He is in custody for ten months.

Submission of the learned counsel for the petitioner is that no doubt he has absconded but that was not intentional and

Patna High Court Cr.Misc. No.50584 of 2017 (2) dt.13-11-2017 2/2 now he has remained in custody for 1 1⁄2 months but now progress has been made in the trial.

Heard learned A.P.P. also.

Having heard both sides and in view of facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner at this stage, however, the learned trial court is directed to expedite the trial and try to conclude it within a period of four months.

The S.P., Samastipur is directed to ensure presence of the witnesses in the court concerned, so that the trial may be concluded within the period as specified.

With the aforesaid observation, this application is disposed of.

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