Patna High CourtCR. MISC./58492/2018rejected

Sharwan Sahni v. The State Of Bihar

2018-12-12Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58492 of 2018 Arising Out of PS. Case No.-355 Year-2013 Thana- MAHUA District- Vaishali ====================================================== Sharwan Sahni, Son of Ram Nath Sahni, Resident of Village- Chand Sarai, P.S.- Mahua, Dist- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sabal Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 12-12-2018 The prayer for bail of the petitioner was earlier dismissed as withdrawn vide order dated 05.01.2018 passed in Cr. Misc. No. 54556 of 2017 in connection with Mahua P.S. Case No. 355 of 2013.

Again a prayer has been made on behalf of the petitioner for grant of bail on the strength of the fact that all the prosecution witnesses, who have been examined up-till now, have not supported the prosecution version and have been declared hostile.

This Court, on an earlier occasion, had called for a report from the Trial Court regarding the stage of the trial.

Patna High Court Cr.Misc. No.58492 of 2018(3) dt.12-12-2018 2/2 The report, which has since been received, indicates that out of five charge-sheet witnesses, three have already been examined and only the Investigating Officer and the informant are left to be examined. The next date for them to be examined was 15.11.2018. This Court has no idea as to what happened on that day.

The learned counsel for the petitioner, however, has submitted that now only the Investigating Officer's evidence is to be recorded.

Let the Trial Court take all positive steps for procuring the attendance of the Investigating Officer and if the informant has not been examined, him too, and conclude the trial preferably within a period of four months from the date of receipt/production of a copy this order, failing which, the petitioner shall have the liberty to approach this Court again for grant of bail.

(Ashutosh Kumar, J) Praveen-II/- U T