Petitioner's bail application rejected as trial ongoing with seven prosecution witnesses examined. High Court directs trial to conclude within six months and police to ensure presence of remaining witnesses within one month.
Bail prayer rejected; trial to conclude within six months; remaining prosecution witnesses to be examined within one month.
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Patna High Court Cr.Misc. No.30929 of 2014 (2) dt.23-07-2014
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30929 of 2014
Arising Out of PS.Case No. -1 Year- 2011 Thana -INARWA DistrictWESTCHAMPARAN(BETTIAH)
====================================================== Raj Kumar Sah son of Sri Thakur Sah resident of village Bheldi P.S. Bheldi Dist. Saran (Chapra) .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance: For the Petitioner/s : Mr. Raj Bansh Dubey, Advocate For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER
02/ 23.07.2014
Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.
Taking into consideration that trial of the petitioner is going on in full swing and altogether seven prosecution witnesses have already been examined, I am not inclined to release the petitioner on bail and accordingly, his prayer for bail in connection with Sessions trial no. 49/2011 arising out of Inarwa P.S. Case no. 01/2011 pending in the court of Addl. Sessions Judge I, West Champran at Bettiah is, again, rejected.
However, the learned trial court is directed to expedite and try to conclude the trial of the petitioner as early as possible, preferably, within six months from the date of receipt/production of a copy of this order as the petitioner is languishing in jail custody since 10.01.2011.
Furthermore, trial court is directed to send list of remaining prosecution witnesses fixing date for their examination to
Patna High Court Cr.Misc. No.30929 of 2014 (2) dt.23-07-2014
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Superintendent of Police, West Champaran, Bettiah who shall, after receipt of the aforesaid list, ensure presence of remaining prosecution witnesses of the above stated case before trial court within one month from the date of receipt of the aforesaid list.
It is made clear that any failure on the part of the learned trial court as well as Superintendent of Police, West Champaran, Bettiah shall be viewed seriously by this court.
shahid
(Hemant Kumar Srivastava,J)
U
3 issues framed by the court
Whether the petitioner should be released on bail given the ongoing trial and witness examination stage
Whether the trial court and Superintendent of Police should be directed to expedite the trial and ensure presence of prosecution witnesses
Whether the directions regarding expeditious trial and witness presence within six months to one month respectively should be enforced
Raj Kumar Sah
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
