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Patna High CourtCR. MISC./52653/2016rejected

Deonandan Mahto v. The State Of Bihar

2016-12-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52653 of 2016 Arising Out of PS.Case No. -4 Year- 1977 Thana -IMAMGANJ District- GAYA ======================================================

1. Deonandan Mahto, Son of Narayan Mahto, resident of Village- Bhadwar, Police Station- Bhadwar (Dumaria), District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Yadav For the Opposite Party/s : Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-12-2016 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 394 and 412 of the Indian Penal Code. As a matter of fact, this is a case of misuse of the privilege of the bail since 1991 and thereafter in the year 2001, the petitioner was declared absconder.

It is submitted on behalf of the petitioner that now he is aged about 70 years old and he is ready to abide any condition imposed upon him and he is in custody since 11.03.2016. It has also been submitted that the charge was framed and the case was put up for evidence on 29.07.1991. Having heard both sides and from perusal of the

Patna High Court Cr.Misc. No.52653 of 2016 (3) dt.20-12-2016 2/2 impugned order, it appears that it is a case of long misuse of the privilege of the bail and the petitioner has been declared absconder and the case is of the 1989 as well as the charge has been framed. Heard learned A.P.P. also.

In view of the aforesaid facts, the learned court below is directed to proceed with the trial expeditiously and try to dispose of the case within a period of six months.

With the aforesaid observation, this application is rejected.

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