Case Facts:
Patna High Court Cr.Misc. No.1786 of 2012 (6) dt.12-12-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1786 of 2012 ====================================================== Rajesh Mahto, S/o Ram Ashrey Mahto, resident of Village- Sadikpur, P.S.- Kanti, District- Muzaffarpur. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shashi Bhushan Singh For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 6 12-12-2012 I have perused the office note and the explanation given by the 2nd Additional District and Sessions Judge, Muzaffarpur who is in seisin of Sessions Trial No.543 of 2010 arising from Kanti P.S. Case No.142 of 2008 in connection with which case, the petitioner is in custody. Whereas it is reported by the learned 2nd Additional District and Sessions Judge, Muzaffarpur that in response to the letter dated 23.2.2012 of the Deputy Registrar of this Court a report was submitted by him vide letter no.591 dated 15.3.2012, in so far as the communication of the order dated 1.8.2012 passed in the present proceedings is concerned, it is reported that the said order was never communicated to him. The report of the 2nd Additional District and Sessions Judge contained in letter no.591 dated 15.3.2012 is not available in the file. Patna High Court Cr.Misc. No.1786 of 2012 (6) dt.12-12-2012 2 I have been experiencing laches on the part of the office in the matter of communication of orders to the District Judiciary and placement of reports received from them. The sense of urgency on this aspect has been found wanting. The Registrar General of the Patna High Court would be required to enquire into the matter and issue appropriate directions. Let this order be placed before the Registrar General. Heard learned counsel for the petitioner, learned Additional Public Prosecutor appearing for the State and the learned counsel for the informant. The petitioner is in custody in connection with Session Trial No.543 of 2010 arising from Kanti P.S. Case No.142 of 2008 for the offences punishable under [STATUTE] . This is the fourth attempt of the petitioner while renewing his prayer for bail. The specific allegation against the petitioner is of assaulting on the deceased Yogendra Mahto who is father of the informant with Bhujali on his head which led to his death. The postmortem report attributes the death to head injury. Considering the nature of allegation this Court has already rejected the prayer on three earlier occasions. Patna High Court Cr.Misc. No.1786 of 2012 (6) dt.12-12-2012 3 Learned counsel for the petitioner submits that by the last rejection, this Court afforded opportunity to the petitioner to renew his prayer in case the trial is not concluded within next nine months. It is submitted that more than the double of the said period has lapsed since then. Considering the circumstances a report had been called for from the learned trial court and which has now been received under letter no.945 dated 6.12.2012. It is reported that the prosecution witnesses have been examined, cross- examined and discharged and even the statement of the sole accused has been recorded under section 313 of the Code of Criminal Procedure on 12.10.2012. It is further mentioned that at present the matter is pending for the examination of the defence witnesses, meaning thereby the delay is attributable to the defence. In that view of the matter, I do not consider it proper to grant indulgence in the matter. This application is dismissed. SKPathak/- (Jyoti Saran, J)

Applicable IPC Section: 307

Statute Text:
Section 307 of the Indian Penal Code. Attempt to murder. Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and, if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned. Attempts by Life Convicts: When any person offending under this section is under sentence of imprisonment for life, he may, if hurt is caused, be punished with death.