Pappu Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37705 of 2018 Arising Out of PS.Case No. -254 Year- 2005 Thana -BIHPUR District- BHAGALPUR ======================================================

1. Pappu Pandit S/o Brahmdeo Pandit, R/o Vill.- Mirjapur, P.S.- Bihpur, District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Jha For the Opposite Party/s : Mr. B.N. Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-07-2018 Heard both sides.

The petitioner seeks bail in Bihpur P.S. Case No.254 of 2005, corresponding to S.T. No.1033A/2010 registered under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is in jail for more than four years. The trial has not yet been concluded in spite of the order of this court passed on 25.11.2016 in Cr. Misc. No.39312 of 2016. In pursuance of order dated 18.07.2018, the Superintendent of Police, Naugachia is present in court. The Superintendent of Police, Naugachia herself undertakes to get the remaining two witnesses examined within three months. Out of 8 prosecution witnesses 6 prosecution

Patna High Court Cr.Misc. No.37705 of 2018 (3) dt.25-07-2018 2/2 witnesses have already been examined.

Taking into consideration the fact that the case is of the year 2005 and the petitioner was absconding and also the trial is likely to be concluded within three months, I am not inclined to enlarge the petitioner on bail. Accordingly, the bail petition of the petitioner stands rejected.

If the trial is not concluded within three months, the petitioner may renew his prayer for bail thereafter. The personal appearance of the Superintendent of Police, Naugachia is dispensed with.

(Prabhat Kumar Jha, J) Amit/- U T