Oral order directing trial court to conclude specified trial within three months and ensure presence of government witnesses. Bail application disposed of.
Directed trial court to conclude trial within three months; directed S.P. to ensure appearance of Doctor and I.O.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.71149 of 2022
Arising Out of PS. Case No.-177 Year-2020 Thana- NAUTAN District- Siwan
======================================================
UMASHANKAR YADAV, Son of Late Ram Swaroop R/v- Hathauji Eklam, P.O.- Hasua, P.S.- Nautan, District- Siwan
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Advocate Mr. Dhananjay Kumar Shahi, Advocate Mr. Arvind Kumar Jha, Advocate For the State : Mr. Shailendra Kumar, A.P.P. ======================================================
... ... Opposite Party/s
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER
3 25-01-2023
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Nautan P.S. Case No. 177 of 2020, registered for the offence punishable under Sections 302 and 120-B/34 of the Indian Penal Code and Section 27 of the Arms Act, pending in the Court of learned Addl. District and Sessions Judge-VII, Siwan.
Learned counsel appearing on behalf of petitioner submitted that the prayer for bail of the petitioner was rejected by this Court vide order dated 03.03.2022 passed in Criminal Miscellaneous No. 24049 of 2021.
From perusal of the record, it appears that vide order dated 04.01.2023, a report was called for regarding stage of the trial in connection with Nautan P.S. Case No. 177 of 2020 from
Patna High Court CR. MISC. No.71149 of 2022(3) dt.25-01-2023 2/2
the Court of learned Addl. District and Sessions Judge-VII, Siwan. In compliance of the said order, learned Addl. District and Sessions Judge-VII, Siwan informed this Court vide letter No. 38, dated 11.01.2023 that only government officials witnesses i.e. Doctor and Investigating Officer are required to be examined.
Considering the facts and circumstances of the case and report of the learned Addl. District and Sessions Judge-VII, Siwan as well as the information given by learned counsel appearing on behalf of petitioner. The learned trial Court is directed to conclude the trial expeditiously, well within a period of three months. The trial Court is directed to inform the Superintendent of Police, Siwan for ensuring appearance of government officials i.e. Doctor and I.O of the case. The Superintend of Police, Siwan is directed to ensure the examination of Doctor and Investigating Officer on the next date fixed by the trial Court.
Accordingly, the present application stands disposed of.
(Purnendu Singh, J)
manish/-
U T
Umeshankar Yadav
State of Bihar
Purnendu Singh
As recorded by the court registry
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