Patna High Court - Orders
Chandan Abhishek @ Munna @ Chandan ... vs The Sate Of Bihar on 28 August, 2019
Author: Ashutosh Kumar
Bench: Ashutosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47116 of 2019
Arising Out of PS. Case No.-211 Year-2017 Thana- ARARIA District- Araria
======================================================
Chandan Abhishek @ Munna @ Chandan Abhisek @ Chandan Kumar Gupta
@ Abhishek Gupta, aged about 35 years, Son of Late Dinesh Prasad, R/o
Mohalla-Hospital Road, Azad Nagar, P.S.-Araria, District-Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Viveka Nandsingh, Adv.
For the Opposite Party/s : Mr. Akhileshwar Dayal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
3 28-08-2019The prayer for bail of the petitioner was earlier twice rejected vide orders dated 21.12.2017 and 20.06.2018 respectively, which orders were passed in Cr. Misc. Nos. 57323 of 2017 and 24085 of 2018. When the trial could not be concluded within the period of nine months, counted from the date of second rejection order, viz., 20.06.2018, the petitioner has approached this Court again for grant of bail.
Patna High Court CR. MISC. No.47116 of 2019(3) dt.28-08-2019 2/2
2. This Court vide order dated 31.07.2019 had asked for a report about the stage of the case, which report has since been received and is kept at Flag-X.
3. A perusal of the report indicates that out of fourteen prosecution witnesses, ten have already been examined and the case is pending for examination of remaining witnesses.
4. The Trial Court, under the aforesaid circumstances, is directed to conclude the trial within a period of five months of the date of receipt/production of a copy of this order, failing which, the petitioner shall have the liberty to approach this Court again for grant of bail. While saying so, this Court has taken note of the fact that the petitioner has remained in jail since 03.04.2017.
5. The petition stands dismissed with the aforesaid observation.
(Ashutosh Kumar, J) Praveen-II/-
U T