Sunil Mahato @ Sunil Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66204 of 2018 Arising Out of PS. Case No.-269 Year-2016 Thana- SIKARPUR District- West Champaran ====================================================== Sunil Mahato @ Sunil Chaudhary, son of Gaya Mahto, resident of village -Mangarhari, P.S.-Shikarpur, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Verma, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 28-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Sessions Trial No.257 of 2017 arising out of Shikarpur P.S. Case No.269 of 2016 instituted for the offence under Section(s) 498-A, 304-B, 201/34 Indian Penal Code pending in the Court of the Additional Sessions Judge V, Bettiah, West Champara.

Prayer of the petitioner for grant of bail was earlier rejected by this Court by order dated 09.03.2017 passed in Cr. Misc. No.4587 of 2017 with direction to expedite the trial. Petitioner is in custody since 02.09.2016.

A report was called for from the Court below, which has been received, from which it appears that two witnesses out of eight witnesses have already been examined. The Court

Patna High Court Cr.Misc. No.66204 of 2018(3) dt.28-11-2018 2/2 below has mentioned in the report that trial may be concluded within a period of nine months.

In the circumstances, this Court is not inclined to enlarge the petitioner on bail at this stage as the trial has proceeded and substantial progress has been made in the trial. Prayer of the petitioner for grant of bail is, again, rejected.

The Trial Court is directed to conclude the trial within a period of six months from the date of receipt of copy of this order by fixing the case on day to day basis and send the compliance report to this Court.

Liberty is given to the petitioner to renew his prayer for bail after six months in the event trial is not concluded within aforesaid period.

(Sanjay Priya, J) J. Alam/- U T