Patna High CourtCR. MISC./23208/2015dismissed

Ganesh Thakur v. The State Of Bihar

2016-04-12Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 23208 of 2015 Arising Out of PS.Case No. -286 Year- 2012 Thana -VAISHALI District- VAISHALI (HAJIPUR) =========================================================== Ganesh Thakur Son of Hardeo Thakur, resident of village - Sain, Police Station - Vaishali, District - Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.

For the Opposite Party/s :

Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 12-04-2016 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant. The petitioner seeks bail in Vaishali P.S. Case No. 286 of 2012 dated 04.11.2012 instituted under Sections 302/34 of the Indian Penal Code.

This is the second attempt of the petitioner for bail as earlier such prayer was rejected by order 06.08.2014 in Cr. Misc. No. 14362 of 2014 by which the Court below was directed to expedite the trial and conclude the same within nine months. In view of the aforesaid, the Court was inclined to call for a report from the Court below. However, on the insistence of learned counsel for the petitioner, the case has been finally heard.

Learned counsel for the petitioner submits that co-accused Naresh Paswan has been acquitted pursuant to the judgment dated 08.02.2016. He submits that petitioner is in

Patna High Court Cr.Misc. No.23208 of 2015 dt.12-04-2016 2/2 custody since 22.10.2013.

Learned A.P.P. and learned counsel for the informant submit that 12 witnesses have stated that the body of the son of the informant was thrown from the vehicle driven by Jai Mangal Rai and the petitioner was sitting in the vehicle. He thus submits that there is sufficient material to indicate complicity of the petitioner in the crime.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court does not finds any new material to reconsider the prayer for bail of the petitioner.

Accordingly, the application stands dismissed. (Ahsanuddin Amanullah, J.) Anand Kr.

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