Kanhaiya Sharma @ Rajiv Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60964 of 2018 Arising Out of PS. Case No.-755 Year-2014 Thana- KHAJANCHI HAT District- Purnia ====================================================== Kanhayia Sharma @ Rajiv Sharma, S/o Late Fand Lal Sharma, Resident of Village- Dhobia Tola, P.S.- K. Hat (Madhubani), Distt.- Purnea. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Pramod Kumar Mallick For the Opposite Party/s :

Mr. Sri Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-11-2018 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in K. Hat P.S. Case No. 755 of 2014 instituted for the offence under Sections 379, 364A, 364, 120B of the Indian Penal Code. Subsequently, Section 302 and 411 of the Indian Penal Code was added. Prayer for bail of the petitioner was thrice rejected by coordinate Bench of this Court vide orders dated 07.02.2018, 9.3.2016 and 9.11.2016 passed in Cr. Misc. 1981 of 2018, 647 of 2016 and 47154 of 2016 respectively. The Trial Court was directed to conclude the trial within a period of four months by order dated 7.2.2018 passed in Cr. Misc. 1981 of 2018.

Counsel for the petitioner submits that petitioner is

Patna High Court Cr.Misc. No.60964 of 2018(3) dt.19-11-2018 2/2 in custody since 27.11.2014 Report was called for from the court below which has been received. From the report it appears that trial has not been concluded. The five witnesses have been examined. As such, the trial court has not complied the earlier order of this Court.

This Court is not inclined to grant bail to the petitioner. Prayer for bail of the petitioner stands rejected at this stage.

The court below is directed to expedite the trial and conclude the same within a period of six months from the date of receipt of this order.

It is to be noted that trial court has not complied earlier order of this Court passed in Cr. Misc. 1981 of 2018 dated 7.2.2018 which is contempt of Court. It is made clear that in the event the trial is not concluded as per direction made above, serious view will be taken against the trial court. S.Ali/- (Sanjay Priya, J) U T