Karu Mandal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15229 of 2017 Arising Out of PS.Case No. -74 Year- 2014 Thana -CHANDAN District- BANKA ======================================================

1. Karu Mandal, son of Late Akalu Mandal

2. Kishore Mandal, Son of Karu Mandal.

Both are resident of Village -Durbiniyan, Police Station-Chandaan, District-Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajib Ranjan Jha, Advocate. For the Opposite Party/s : Mr. Ajit Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-03-2017 Heard learned counsel for the petitioners and the learned APP for the State.

The petitioners seek bail in connection with Chandan P.S. Case No. 74 of 2014 registered for the offences punishable under Sections 302, 307 and 34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that this Court vide order dated 12.01.2015 passed in Cr. Misc. No. 927 of 2015 rejected the payer of bail of the petitioners with the observation as follows:

"The Trial Court is directed to expedite the trial and for which reason he is directed to send a list of the witnesses fixing specific dates for production of the witnesses along with a

Patna High Court Cr.Misc. No.15229 of 2017 (2) dt.30-03-2017 2/2 copy of this order, to the Superintendent of Police, Banka, and the Superintendent of Police, Banka is directed to ensure production of the witnesses on the date so fixed by the Trial court so that there is no further delay in trial.

It is further submitted that since 03.09.2016 no witnesses have been examined though there is direction by this court to the Superintendent of police, Banka for production of the witnesses on each and every date fixed by the trial court and he is in custody for about more than two and half years. Heard learned APP also.

Having heard both sides, in view of the submissions made as above, this application is disposed of with a direction to the Superintendent of Police, Banka to produce witnesses on the date fixed by the trial court positively and the learned Trial Court is also directed to expedite the trial and try to conclude as early as possible otherwise serious view shall be taken against the Trial Court as well as the Superintendent of Police, Banka. Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) Mishra/- U T