Subhash Mehta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76098 of 2023 Arising Out of PS. Case No.-65 Year-2022 Thana- PURAINI District- Madhepura ====================================================== SUBHASH MEHTA S/O LATE MOHAN MEHTA R/O VILLAGECHATANMA WARD NO. 10, P.S- PURAINI, DISTT.- MADHEPURA. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjan Kumar Jha, Advocate For the Opposite Party/s :
Mr.Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-02-2024 Heard the parties.
2. The petitioner is in judicial custody in connection Puraini P.S. Case No. 65 of 2022 registered under sections 307 and 34 of the Indian Penal Code and section 27 of the Arms Act lodged on 27.3.2022 by the informant, Vishnu Agrawal.
3. As per the prosecution story, the informant, a businessman dealing with drugs, has alleged that the two persons came to his medical shop covering his face by helmet, towel and handkerchief and asked for some medicines for stomach pain. As the informant got up from the chair to bring out the medicine, one of them opened fire causing injury in his right chest. As he screamed and ran towards his home, the
Patna High Court CR. MISC. No.76098 of 2023(3) dt.09-02-2024 2/3 accused fled away. He was brought to the Max-7 Hospital, Purnea for treatment.
4. Earlier, report was called for on 10.11.2023 which has since been received vide letter no. 131 dated 7.12.2023. As per it, four out of six charge-sheeted witnesses have been examined and only the I.O. and Doctor are to be examined and the prosecution evidence was fixed on 13.12.2023.
5. Considering the fact that the trial is at an advanced stage as also that the bail petition of the petitioner was rejected on merit, for the present this Court is not inclined to extend the privilege of bail.
6. However, despite the earlier dated 23.9.2022 directing the Trial Court to conclude the trial within one year, even after one and half year, the same has not been concluded, the direction is issued to conclude it within a period of six months from today failing which a report shall be submitted for the reason for its non conclusion.
7. The Superintendent of Police, Madhepura is directed to ensure that the Doctor and I.O. are presented in the trial so that it can be taken to its logical conclusion.
8. Let a copy be sent to the office of Superintendent
Patna High Court CR. MISC. No.76098 of 2023(3) dt.09-02-2024 3/3 of Police, Madhepura for its perusal and needful.
9. The bail application stands rejected.
(Rajiv Roy, J) Ravi/- U T