Patna High CourtCR. MISC./68493/2024dismissed

Jitendra Nut @ Jittendra Nut @ Jatha Nut v. The State Of Bihar

2025-01-24Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 68493 of 2024 Arising Out of PS. Case No.-102 Year-2016 Thana- SONEPUR District- Saran ====================================================== Jitendra Nut @ Jittendra Nut @ Jatha Nut Son of Late Arvind Nut VillageMarhaura Pakaha Ps- Sonepur Dist- Saran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Kumar, Adv For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-01-2025 Heard Mr. Manish Kumar, learned counsel for the petitioner and Mr. Jharkhandi Upadhyay, learned APP for the State.

2. Mr. Jharkhandi Upadhyay, learned APP has filed counter affidavit.

3. The following order was passed on 05.10.2024:- "Heard learned counsel for the parties.

2. This is the 2nd attempt of the petitioner. Earlier the bail application of the petitioner was rejected vide order dated 27.02.2024 passed in Cr. Miscellaneous No.

75016 of 2023.

3. It has been submitted by learned counsel for the petitioner that though the charges has been framed in the month of January, 2024, but no witnesses have been examined by the prosecution.

4. The Superintendent of Police, Saran will explain as to why the prosecution

Patna High Court CR. MISC. No. 68493 of 2024(3) dt.24-01-2025 2/2 witnesses are not being produced.

5. List this case after six weeks.

6. It is expected that before submitting a report, the prosecution will start producing the witnesses.

7. Let a copy of this order be communicated to the Superintendent of Police, Saran through FAX for forthwith compliance.

8. Mr. Jharkhandi Upadhyay will assist the Court. A copy of the brief be handed over to learned APP by Monday peremptory."

4. The only contention of learned counsel for the petitioner is that the trial is being delayed and therefore, the petitioner should be released on bail meaning thereby that an accused who committed dacoity with murder should be released on bail on the ground that trial is being delayed.

5. The trial judge, ADJ-VIII, Chapra, Saran is directed to start the trial and hold the trial on day to day basis and file a compliance report after six months.

6. No ground of review of the bail application is made out, this application is dismissed.

(Sandeep Kumar, J) kiran/- U T