Patna High CourtCR. MISC./2906/2018dismissed

Gobardhan Manjhi v. The State Of Bihar

2018-02-28Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2906 of 2018 Arising Out of PS.Case No. -46 Year- 2016 Thana -NARDIGANJ District- NAWADA ======================================================

1. Gobardhan Manjhi, S/o Ishwar Manjhi, R/o Village- Ichhuda, P.S.- Nardiganj, Distt.- Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Birendra Kumar, Advocate For the Opposite Party/s : Mr. Sri Abhay Kumar - 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 28-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Sessions Trial No.565 of 2016/374 of 2016 arising out of Nardiganj P.S. Case No.46 of 2016 instituted for the offence under Section(s) 302 Indian Penal Code pending in the Court of the Additional Sessions Judge, 2nd, Nawada.

Prayer of the petitioner for bail was earlier rejected with liberty to renew the prayer for bail after nine months if no substantial progress is made in the case.

A report was called for from the court below, which has been received, wherein, it has been mentioned that two witnesses including the Doctor have been examined. The Court below has mentioned in the report that three months' time may be

Patna High Court Cr.Misc. No.2906 of 2018 (3) dt.28-02-2018 2/2 taken for conclusion of the trial.

From the written report, it appears that the petitioner is the main assailant.

In such circumstances, this Court is not inclined to enlarge the petitioner on bail at this stage. Prayer of the petitioner for grant of bail is once again rejected.

The Trial Court is directed to conclude the trial within a period of six months from the date of receipt of copy of this order, failing which, petitioner will be at liberty to renew his prayer for bail in the Court below itself, which shall be disposed off by the Court below in accordance with law and the Court below will assign reason in the order for not concluding the trial within the aforesaid time.

(Sanjay Priya, J) JA/- U T