IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.31451 of 2010
KARI SAH
Versus
THE STATE OF BIHAR
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03/ 07.12.2010 Heard learned counsel for the petitioner as well as learned
P.P. for the State.
Petitioner is languishing in jail custody since 13.6.2002 but
up till now his trial has not been concluded. It appears from perusal of
the report of Ist Addl. Sessions Judge, Motihari, East Champaran
dated 1.11.2010 that charge was framed on 6.12.2003 and up till now
only one prosecution witness i.e. a formal witness has been examined.
It further appears that several correspondences were made by the Trial
Judge with Superintendent of Police, Motihari but all went in vain.
Furthermore, it appears that petitioner was sent to Gopalganj jail on
the basis of production warrant issued by CJM, Gopalganj and
thereafter he was sent to Bettiah jail and lastly, he was produced
before the Trial Judge on 20.8.2009. Moreover, the learned trial court
has sought four months’ time to conclude the trial of the petitioner.
Considering the aforesaid prayer of the learned Trial Judge,
prayer for bail of petitioner stands rejected with option to him to
renew his prayer for bail after four months from the date of report of
the learned Trial Judge and if the trial of the petitioner is not
concluded within the aforesaid period, the learned Trial Judge shall
report the circumstances under which he could not succeed in
disposing of the aforesaid trial of the petitioner.
Let a copy of this order be sent to S.P. East Champaran,
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Motihari with direction to him to ensure attendance of prosecution
witnesses in connection with Sessions Trial no.487/2003 arising out of
Malahi P.S. Case no. 139 of 2001.
shahid (Hemant Kumar Srivastava,J)