IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.12673 of 2010
BARHU YADAV
Versus
STATE OF BIHAR
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3 15.09.2010 Counsel for the State produces a
letter dated 16.8.2010 of the Senior
Superintendent of Police, Patna addressed to
Mr. Lalit Kishor, learned Addl. Advocate
Genral-3 informing therein that steps were
taken for securing presence of S.I. Ramesh
Kumar Mishra, the then Officer-in-Charge of
Dhanarua Police Station as also two other
independent witnesses.
Counsel for the petitioner, however,
informs this Court that none of the three
witnesses have been examined till date and
therefore, this Court would find that the
impression created in the letter of the
Senior Superintendent of Police dated
16.8.2010 was of no avail, inasmuch as, this
Court while rejecting the prayer for bail of
the petitioner in the order dated 4.9.2009 in
Cr. Misc. No. 28273 of 2009 had directed for
concluding the trial within a period of six
months in the following terms:-
"-----There being no such
observation in the case of the
2
petitioner and this Court being also
not inclined to go into the merits, the
prayer for bail of the petitioner is
hereby rejected with a direction to the
trial court to ensure that the trial
against the petitioner is concluded
within a period of six months from
today, inasmuch as it has been informed
that six prosecution witnesses have
already been examined and now mostly
official witnesses are to be examined.-
—-”
In that view of the matter, as the
trial of the petitioner has not been
concluded till date, this Court would direct
the Senior Superintendent of Police, Patna to
appear in person on 6th of October, 2010 to
explain such delay only if by that time he
does not get all the three witnesses examined
in the pending trial.
List this case on 6th of October,
2010.
Let a copy of this order be given to
Mr. Lalit Kishor, learned Addl. Advocate
General-3 for its immediate transmission to
the Senior Superintendent of Police, Patna.
Rsh (Mihir Kumar Jha, J.)