Vishal Kumar @ Vishal Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.46783 of 2015 (2) dt.14-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46783 of 2015 Arising Out of PS.Case No. -209 Year- 2013 Thana -AGAMKUAN District- PATNA ======================================================

1. Vishal Kumar @ Vishal Singh Son of Prem Chand Singh Resident of Mohalla - Daldali Road, P.S.- Kadamkuan, District - Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lakshmi Kant Sharma For the Opposite Party/s : Mr. Md. Arif(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 14-10-2015 Heard learned Senior Counsel for the petitioner, learned counsel representing the State and learned counsel for the informant.

Earlier prayer for bail of the petitioner was rejected twice vide order dated 14.07.2014 and 18.03.2015 passed in Cr. Misc. No. 19677 of 2014 and 4350 of 2015 respectively and now the petitioner wants to renew his prayer of bail on the ground that trial has not concluded within six months and no witness is turning up on the date fixed and only 7 witnesses have been examined out of 26 chargesheet witnesses and the petitioner is suffering in custody since 19.07.2013 to which learned APP duly assisted by learned counsel for the informant opposes by submitting that trial is likely to be concluded very soon and the witnesses will be produced.

Patna High Court Cr.Misc. No.46783 of 2015 (2) dt.14-10-2015 In the facts and circumstances stated above, at present, finding no good ground for reconsideration of prayer of bail of the petitioner, as such, his prayer for bail is again rejected in connection with Agamkuan P.S. Case No 209 of 2013. However, the trial court is directed to take all positive steps to secure the attendance of the witnesses and to examine them after keeping the trial on day to day basis and conclude the same within four months from the date of receipt/production of a copy of this order, failing which the petitioner may be at liberty to renew his prayer for bail. Let a copy of this order be sent to the S.S.P., Patna through fax to get the official witnesses examined at the earliest by directing the Officer-In-Charge of concerned Police Station. (Jitendra Mohan Sharma, J) avin/- U T