Patna High CourtCR. MISC./39436/2017dismissed

Bharat Bhushan @ Miththu @ Bharat Bhushan Singh v. The State Of Bihar

2017-08-22Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39436 of 2017 Arising Out of PS.Case No. -61 Year- 2015 Thana -PHENHARA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. BHARAT BHUSHAN @ MITHTHU @ BHARAT BHUSHAN SINGH Son of Om Prakash Singh, R/o Village- Pardeshiya, P.S.- Shivhar, DistrictShivhar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-08-2017 Heard the parties.

This application is for grant of regular bail in connection with Phenhara P.S.Case No.61 of 2015, G.R.Case No.6261 of 2015, for the offences punishable under Sections 392/34 of the Indian Penal Code.

The petitioner is not named in the F.I.R. It appears that his name transpired during the course of investigation of the case. It further appears that he is accused in six other cases also. Submission of the learned counsel for the petitioner is that he has been made accused in this case only on the basis of suspicion in this case and the petitioner has criminal antecedent. The petitioner is in custody for about six months.

Patna High Court Cr.Misc. No.39436 of 2017 (2) dt.22-08-2017 2/2 Heard learned A.P.P. also, who has opposed the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner, however, considering the fact that he is in custody for about six months, the learned trial court is directed to expedite the trial and try to conclude it within a period of seven months. At the same time, the S.P., East Champaran, Motihari is directed to ensure presence of the witnesses on the date fixed by the court below so that the trial may be concluded within the period as specified, otherwise the petitioner is at liberty to renew his prayer for bail before the court concerned itself, who will pass appropriate order without being prejudiced by the order of this Court.

With the aforesaid observation, this application is dismissed.

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