Sajawal Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21167 of 2018 Arising Out of PS. Case No.-117 Year-2015 Thana- PAKRIDAYAL District- East Champaran ====================================================== Sajawal Sahani, Son of Akloo Sahani, resident of Village- Majhar Pandubbi Tola, P.S.- Pakaridayal, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Mishra For the Opposite Party/s :

Mr. Sri Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-09-2018 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the State.

The petitioner seeks bail in Pakaridayal P.S. Case No.117 of 2015, corresponding to Sessions Trial No.975 of 2017, registered under Section 302 and other sections of the Indian Penal Code.

The learned counsel for the petitioner submits that the prayer for bail of the petitioner was rejected vide order dated 16.12.2016, passed in Cr. Misc. No.43798 of 2016 with an observation that the petitioner, if so advised, may renew his prayer for bail, if the trial is not concluded within one year. The trial has not yet been concluded. A report has been called for and the learned Sessions Judge reported that till date not a single

Patna High Court Cr.Misc. No.21167 of 2018(4) dt.12-09-2018 2/3 witness has been examined. The petitioner is in jail for more than two years. Akloo Sahani, the similarly situated accused person, has already been granted bail.

It appears from the FIR that there is specific allegation against the petitioner that he assaulted the deceased, the husband of the informant, with lathi on his head causing his death on the spot.

Taking into consideration the aforesaid fact, I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is rejected.

The trial court is directed to hold the trial on day to day basis and conclude the same within six months from the date of receipt of this order.

The Superintendent of Police, Motihari, East Champaran is directed to ensure the attendance of the prosecution witnesses of Pakaridayal P.S. Case No.117 of 2015, corresponding to Sessions Trial No.975 of 2017 so that the trial must be concluded within six months from the date of receipt of this order. If the trial is not concluded within the stipulated period, the petitioner, if so advised, may renew his prayer for bail.

Let a copy of this order be sent to the trial court and

Patna High Court Cr.Misc. No.21167 of 2018(4) dt.12-09-2018 3/3 the Superintendent of Police, Motihari, East Champaran for information and needful.

(Prabhat Kumar Jha, J) S.KUMAR/- U T