IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.33439 of 2010
Sunil Pandey @ Sunil Kumar Pandey, son of Ambika Pandey, resident
of Village Awasani, Police Station Laukariya, District West
Champaran.
----- Petitioner
Versus
The State of Bihar ---- Opp. Party
-----------
2 25.10.2010 Having heard learned counsel for the
petitioner and counsel for the State as also
taking into account that the prayer for bail
of the petitioner was earlier rejected by
this Court on merit by order dated 5.5.2008
in Cr. Misc. No. 1 of 2008, this Court is not
inclined to re-consider the prayer for bail
of the petitioner on merit.
Counsel for the petitioner, with
reference to the order of the court below,
would submit that eight witnesses were
already examined by 5.3.2010 and, therefore,
if the trial was not concluded within the
period of one and half years as fixed by this
Court while rejecting the prayer for bail of
the petitioner in the order dated 5.5.2008,
the petitioner will be entitled for grant of
bail on this ground alone.
In the opinion of this court, if the
petitioner wanted to draw benefit of the
2
order dated 5.5.2008, it was his duty to
bring such order of this Court to the notice
of the trial court. From the order of the
trial court, it becomes clear that the
counsel for the petitioner appearing in the
court below had produced the order of this
Court dated 5.5.2008 only on 5.3.2010 and,
therefore, the period of one and half years
has to recon from the said date i.e.
5.3.2010.
Considering the aforementioned fact,
the prayer for bail of the petitioner,
namely, Sunil Pandey @ Sunil Kumar Pandey is
once again rejected with a direction to the
court below to ensure that the remaining
witnesses must be examined expeditiously at
least within the time limit as fixed by this
Court.
Rsh (Mihir Kumar Jha, J.)