Bhola Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24115 of 2014 Arising Out of PS.Case No. -92 Year- 1989 Thana -KUSHESHWARSTHAN DistrictDARBHANGA ====================================================== Bhola Mukhiya Son of Ram Lakhan Mukhiya Resident of Village- Mohar Chalar, P.S- Kusheshwar Asthan, District- Darbhanga. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ranjit Kumar Yadav For the Opposite Party/s : Mr. Dinesh Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04/ 08-01-2015 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 26.05.2010 in a case registered for the offences punishable under Sections 341, 447, 323 and 302 of the Indian Penal Code. The accusation is of making assault with lathi by three accused persons including the petitioner when three persons received injuries out of which Ghutar Mukhiya succumbed to the injuries.

It is very fairly submitted by learned counsel for the petitioner that out of 14 charge-sheeted witnesses, one witness has already been examined.

Considering the nature of accusation, this

Patna High Court Cr.Misc. No.24115 of 2014 (04) dt.08-01-2015 2/2 Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected.

Since the case was instituted in the 1989, it is expected from learned Ad hoc Additional Sessions Judge-II, Benipur (Darbhanga) to conclude the trial of Sessions Trial No. 111 of 2011 arising out of Kusheshwar Asthan P.S. Case No. 92 of 1989 preferably within one year.

(Dinesh Kumar Singh, J) DKS/- U T