Patna High CourtCR. MISC./18407/2015dismissed

Manish Mahto v. The State Of Bihar

2015-04-22Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18407 of 2015 Arising Out of PS.Case No. -192 Year- 2013 Thana -PATNA CITY CHOWK District- PATNA ====================================================== Manish Mahto, s/o Subhash Mahto, resident of Mandaipar, Bahari begampur, P.S. Bypass, District Patna .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nityanand Kumar For the Opposite Party/s : Mr. Satyendra Nr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 22-04-2015 Heard Sri Nityanand Kumar, learned counsel for the petitioner and learned A.P.P.

This is second attempt for grant of bail. Earlier, prayer for bail of the petitioner was rejected on 22.9.2014 vide Cr. Misc. No. 36542 of 2014. While dismissing the prayer for bail of this petitioner, bail petition of other two accused persons was also rejected.

Learned counsel for the petitioner has renewed his prayer for bail on the ground that one of the co -accused namely Santosh Yadav has been granted bail on 18.3.2015 vide Cr. Misc. No.11266 of 2015 by a co- ordinate bench of this court and on this ground the petitioner has renewed his prayer for bail. The order dated 18.3.2015 has been brought on record as Annexure - III to the petition. I have perused the order. On

Patna High Court Cr.Misc. No.18407 of 2015 (2) dt.22-04-2015 2/2 perusal of the said order it is evident that the earlier order passed by this court on 22.9.2014 in Cr. Misc. No. 36542 of 2014 was not brought to the notice of the court. Secondly, the case of Santosh Yadav is not exactly similar to the case of the petitioner. It has been admitted by learned counsel for the petitioner that in the trial charges have already been framed and evidence is going on.

Keeping in view the fact that evidence is already continuing, I do not find any ground to extend the privilege of bail.

The petition stands dismissed.

While dismissing the present petition, keeping in view the fact that petitioner is in custody, it is necessary to observe that the learned trial court may take appropriate steps for early disposal of the case.

(Rakesh Kumar, J) Praful/- U T