Baunu Sada @ Bauna Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75545 of 2018 Arising Out of PS. Case No.-213 Year-2011 Thana- BALIYA District- Begusarai ====================================================== Baunu Sada @ Bauna Sada, Son of Late Sitaram Sada, Resident of Village Gyantola Manjhanpur, P.S. Ballia, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Advocate.

Mr. L.K. Sharma, Advocate.

Mr. Prem Shankar Kumar, Advocate.

For the informant : Mr. Pankaj Kumar Singh, Advocvate. For the Opposite Party/s :

Mr. Ashok Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-01-2019 Heard learned counsel for the petitioner, counsel for the informant and the State.

Prayer of the petitioner for bail was earlier rejected by this Court vide order dated 20.12.2017 passed in Cr. Misc. 52065 of 2017 with liberty to renew his prayer for bail after nine months in the event the trial is not concluded by the court below in connection with Sessions Trial No. 477 of 2013 arising out of Balia (Begusarai) P.S. Case No. 213 of 2011 pending in the court of Additional Sessions Judge-I, Begusarai.

Counsel for the petitioner submits that there is admitted land dispute between the parties.

Report was called for from the court below which has been received. From the report it appears that 12 witnesses have

Patna High Court Cr.Misc. No.75545 of 2018(3) dt.23-01-2019 2/2 been examined. Four witnesses including Doctor and I.O. are to be examined by the court below.

Counsel for the informant has appeared and submitted that informant of the case has already been examined. There is specific allegation of firing against petitioner and co-accused Chhatu Sada on brother of the informant namely, Sachindra, as a result of which, he died.

Keeping in view that informant has already been examined, this Court finds that the trial is at advance stage of conclusion.

Therefore, this Court is not inclined to grant bail to the petitioner at this stage.

Prayer of the petitioner for bail stands rejected. The trial court is directed to expedite the trial and make efforts to conclude the trial within a period of six months from the date of receipt of this order by fixing the case on day-to-day basis and send compliance report to this Court.

Petitioner will be at liberty to renew his prayer for bail in the event the trial is not concluded within aforesaid period. (Sanjay Priya, J) S.Ali/- U T