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Patna High Court - Orders

Bipin Kumar @ Ashutosh Kumar @ Ashutosh @ ... vs State Of Bihar & Anr on 16 November, 2016

Author: Jitendra Mohan Sharma

Bench: Jitendra Mohan Sharma

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.44291 of 2016
                   Arising Out of PS.Case No. -2 Year- 2015 Thana -ECONOMIC OFFENCES, BIHAR District-
                                                            PATNA
                 ======================================================
                 1. Bipin Kumar @ Ashutosh Kumar @ Ashutosh @ Ashutosh Jha, Son of
                 Late Kameshwar Singh, Resident of Gawai, Police Station- Sheikhpura,
                 District- Sheikhpura.

                                                                               .... ....   Petitioner/s
                                                  Versus
                 1. The State of Bihar.
                 2. The Officer of Economics Offence Police Station, Patna, Bihar.

                                                                .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :  Mr. Manoj Kumar
                 For the Opposite Party/s   : Mr. V.N.P.Sinha(For Eou)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN
                 SHARMA
                 ORAL ORDER

2   16-11-2016

Supplementary affidavit has been filed on behalf of the petitioner including the Photostat copy of the certified copy of order sheet dated 25.10.2016 passed in Economic Offence Case No. 02 of 2015. Keep it on the record.

Heard the learned counsel for the petitioner as well as the learned counsel for the Economic Offence Unit.

The petitioner wants to renew his prayer for bail which was earlier rejected by order dated 16.02.2016 passed in Cr. Misc. No. 38866 of 2015 on the ground that the trial has not been concluded within six months as directed by this Court in the earlier order and the petitioner is suffering in custody since 28.02.2015, the seizure list witnesses are not of the locality, during investigation no legal and tangible material has come and as such Patna High Court Cr.Misc. No.44291 of 2016 (2) dt.16-11-2016 2/2 the petitioner deserves sympathetic consideration.

The learned counsel for the Economic Offence Unit opposes prayer for bail by submitting that the petitioner is the main accused and he is involved in the cases of cheating and forgery. He has been also made accused in the cases of similar nature and from possession of the petitioner five A.T.Ms of different names, fake cheques besides other incriminating articles were recovered.

In the facts and circumstances as stated above, at present finding no good ground for reconsideration of prayer for bail, again prayer for bail of the petitioner stands rejected in connection with Economic Offence P.S. Case No. 02 of 2015 pending in the court of the learned S.D.J.M. Patna.

However, the trial court is directed to expedite the trial and to conclude the same preferably within a period of four months from the date of receipt/production of a copy of this order after keeping the same on the priority basis, failing which the petitioner, if at no fault, may be at liberty to renew his prayer for bail.

(Jitendra Mohan Sharma, J) Abhay/-

 U           T