IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28227 of 2008 ====================================================== Pappu Paswan son of Barsati Paswan, resident of village Bayadih, P.S. Saraiya, District Muzaffarpur. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Bhikari Rai son of Ram Pukar Rai. 3. Shiaram Rai son of Ram Pukar Rai Both resident of village Mohammadpur, P.S. Saraiya, District Muzaffarpur. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ravi Ranjan, Adv. For the State : Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER
5 21-09-2012 After having heard learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the State, this Court does not find any good ground for exercising its power under Section 439(2) of the Code of Criminal Procedure, 1973 for cancelling bail of opposite party no.2 & 3 granted by an order dated 18.06.2008 in Saraiya P.S. Case No. 73 of 2008 by the learned Sub-Divisional Judicial Magistrate, (West) Muzaffarpur.
However, from the materials available on record it appears that the criminal prosecution by the petitioner against opposite party no. 2 & 3 was started as far back as on 08.04.2008 for various offences. Accused opposite party no. 2 & 3 have been granted bail by order dated 18.06.2008 and since then more than three and half years have elapsed, yet trial of the accused opposite parties has not been taken up by the learned court below without any valid justification.
In the given facts of the case, the learned trial court is directed to take up the trial of the accused opposite party no.2 & 3 2 Patna High Court Cr.Misc. No.28227 of 2008 (5) dt.21-09-2012 2/2 in connection with Saraiyar P.S. Case No. 73 of 2008 dated 08.04.2008 on priority basis and all endeavours should be made to conclude their trial at an early date preferably within a period of one year from the date of receipt/production of a copy of this order.
It is clarified that if the accused opposite party no.2 & 3 fail to appear before the learned trial court on the dates fixed either in person or through their lawyer, or in any manner misuse the privilege of bail, then the learned trial court shall be at liberty to cancel their bail bonds.
With the aforesaid observations and directions the application stands disposed of.
(Birendra Prasad Verma, J) BTiwary/-