Patna High CourtCR. MISC./16306/2018dismissed

Butan Choudhary v. The State Of Bihar

2018-04-11Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16306 of 2018 Arising Out of PS.Case No. -128 Year- 2016 Thana -UDWANTNAGAR District- BHOJPUR ======================================================

1. Butan Choudhary, Son of Late Janeshwar Choudhary, Resident of Village- Belaur, P.S.- Udwantnagar, District- Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Sri Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-04-2018 Heard the parties.

Earlier the prayer for bail of the petitioner was rejected by this Court, vide order dated 1.4.2017 passed in Cr. Misc. No.13932 of 2017 with a direction to the learned trial court to expedite the trial of the petitioner and if possible on day to day basis.

Allegation against the petitioner is about recovery of AK-47 Rifle from the accused persons and from the other members also rifles and guns etc.

Submission of the learned counsel for the petitioner is that he is in custody for two years.

Heard learned A.P.P. also.

Having heard both sides and in view of allegation and

Patna High Court Cr.Misc. No.16306 of 2018 (3) dt.11-04-2018 2/2 perused the report, from which it appears that three witnesses have been examined.

In view of allegation, I am not inclined to grant bail to the petitioner, however, as the petitioner is in custody for two years, the learned trial court is directed to conduct it on day to day basis and submit monthly report to this Court. At the same time, the S.P., Bhojpur at Ara is directed to make ensure the presence of the witnesses in the court concerned and send monthly report to this Court so that the trial may be concluded within the period of six months. With the aforesaid observation, this application is dismissed.

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