Patna High CourtCR. MISC./13769/2017dismissed

Md. Babool @ Md. Babloo @ Safiul Konen v. The State Of Bihar

2017-03-23Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13769 of 2017 Arising Out of PS.Case No. -22 Year- 2014 Thana -KADWA District- KATIHAR ====================================================== Md. Babool @ Md. Babloo @ Safiul Konen S/o Wahid Alam, R/o Ajamnagar, P.S. Ajamnagar, Distt. - Katihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s : Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-03-2017 Heard the parties.

This application is for grant of bail in connection with Kadwa (Balia Belon) P.S.Case No.22 of 2014, arising out of S.T.No.132 of 2014for the offence under Sections 302 and 120(B) of the Indian Penal Code.

It is submitted on behalf of the petitioner that nothing has come against the petitioner and he is in custody since 22.01.2014. The case is pending for argument since 16.02.2016. Heard learned A.P.P. also.

From perusal of the impugned order, it appears that the case is pending for argument. The submission of the learned counsel for the petitioner is that the case is pending for argument for the last one year. I am taking serious view of the matter and directs

Patna High Court Cr.Misc. No.13769 of 2017 (2) dt.23-03-2017 2/2 the matter to brought into the notice of the District Judge, Katihar, who will call for an explanation as to why the case is pending for argument for last one year and further directs that even if the court is vacant, as per the circular of the High Court, no court is considered to be vacant rather all the transaction of the vacant court is to be done by the Incharge court.

Considering this aspect of the matter, the Learned District Judge, Katihar is directed to see that the trial is concluded within a period of three months.

The learned court below is directed to send a report to this court once the judgment and order is pronounced. With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U