Dismissed

Jai Prakash @ Chhotu v. The State Of Bihar

Patna HC10 Apr 2013CR. MISC./50599/2012

Case brief

AI extract

What is this about?

High Court rejected the petitioner's bail petition despite previous delays in trial. However, it directed the trial court to conclude the proceedings within nine months and ordered police to procure the attendance of prosecution witnesses.

What did the court decide?

Prayer for bail rejected; trial directed to conclude within nine months; police directed to procure prosecution witnesses.

Jai Prakash @ Chhotu Vs The State Of Bihar — Bail and Remand | Patna HC (2013)

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Patna High Court Cr.Misc. No.50599 of 2012 (3) dt.10-04-2013

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.50599 of 2012

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====================================================== Jai Prakash @ Chhotu

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.... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 10.04.2013 Heard learned counsel for the petitioner as well as learned

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Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

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Earlier prayer for bail of the petitioner was twice rejected by this court but again this bail petition has been filed on behalf of the petitioner on the ground that the petitioner is in jail custody since 5.1.2011 but up till now, no prosecution witness has been examined.

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The report of the learned trial court reveals that charge against the petitioner was framed on 18.8.2012 and processes have already been issued to procure the attendance of prosecution witnesses. The learned trial court has also reported that he will take one and half year’s time to conclude the trial of the petitioner.

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It is obvious from the order dated 14.3.2012 passed in Cr. Misc. no. 2453/2012 that this court had directed the learned trial court to conclude the trial of the petitioner within nine months from the date of receipt of the aforesaid order and in spite of issuance of direction of this court, the learned trial court did not take any step towards conclusion of the trial of the petitioner rather reported that one and half year would be taken for disposal of the case of the petitioner.

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However, considering the aforesaid facts and circumstances

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Patna High Court Cr.Misc. No.50599 of 2012 (3) dt.10-04-2013

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as well as allegation against the petitioner, I am not inclined to release

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the petitioner on bail.

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Accordingly, his prayer for bail in connection with Sessions trial no. 887/2011 arising out of Phulwarisharif P.S. Case no. 626/2010 pending in the court of Addl. Sessions Judge II, Patna is again rejected.

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However, the learned trial court is directed to conclude the trial of the petitioner, preferably, within nine months from today.

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Let a copy of this order be sent to the Superintendent of Police, Patna with direction to him to procure the attendance of prosecution witnesses of Sessions trial no. 887/2011 arising out of Phulwarisharif P.S. Case no. 626/2010 and ensure the presence of prosecution witnesses of the aforesaid case before the court of Addl. Sessions Judge II, Patna. Furthermore, Addl. Sessions Judge II, Patna is directed to send list of prosecution witnesses to Superintendent of Police, Patna fixing date of their examination within two weeks from the date of receipt of this order.

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Let a copy of this order be sent to Sr. Superintendent of Police, Patna for needful.

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Shahid

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(Hemant Kumar Srivastava,J)

Jai Prakash @ Chhotu v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Jai Prakash @ Chhotu v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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