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Patna High CourtCR. MISC./7479/2020disposed

Jitendra Kumar v. The State Of Bihar

2020-08-31Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 7479 of 2020 Arising out of PS Case No.-25 Year-2019 Thana-Badhaila District-Rohtas =========================================================== Jitendra Kumar, aged about 25 years, male, Son of Manik Chand Mahto, R/o Village-Chanaki, P.S.-Baghaila, District-Rohtas, Sasaram ...........Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rameshwar Singh, Adv. For the State : Mr. Ramchandra Sahni, APP =========================================================== CORAM : HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04/- 31.08.2020 Heard Mr. Rameshwar Singh, learned Advocate for the petitioner and Mr. Ramchandra Sahni, learned APP for the State.

The petitioner seeks bail in connection with Sessions Trial No. 462 of 2019 arising out of Baghaila P.S. Case No. 25 of 2019, dated 09.05.2019, instituted for the offences under Sections 304(B) and 201/34 of the Indian Penal Code. On 29.05.2020, a report had been called for from the Court below about the stage of the trial. The report has since been received. It appears from the report that up-till-now, no witness has been examined, but summons have been issued to the witnesses to appear before the Trial Court. The petitioner is said to be in custody since 01.06.2019. However, looking at the nature of accusation against the petitioner, I am not inclined to grant bail to him for the present. The prayer for bail is rejected.

However, the Trial Court is directed to expedite and conclude the trial within a period of nine months from the date of receipt/production of a copy of this order. If there is no substantial progress in the case of the petitioner by that time, it would be open for him to approach

the Trial Court for grant of bail. In such an event, the Trial Court would be required to record reasons for the delay in trial. With the aforesaid observation/direction, the petition stands disposed off.

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