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Patna High CourtCR. MISC./23971/2016rejected

Ramesh Kumar v. The State Of Bihar

2016-05-30Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23971 of 2016 Arising Out of PS.Case No. -38 Year- 2016 Thana -GHOSI District- JEHANABAD ====================================================== Ramesh Kumar, S/o Late Biranchi Prasad, Resident of village- Arhit, P.S.- Ghoshi, District- Jehanabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Prasad, Adv. For the Opposite Party/s : Dr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 30-05-2016 Heard.

The petitioner seeks bail in a criminal prosecution registered under Section 307 and some other allied offences under the Indian Penal Code.

The petitioner is the sole accused named in the First Information Report vide Annexure-1 and he is alleged to have assaulted the father of the informant by bamboo causing grievous injury on the person of the injured person.

Learned counsel appearing on behalf of the petitioner has fairly conceded that the trial of the petitioner has already commenced and the learned trial court, while rejecting the prayer for bail of the petitioner, has observed that the trial of the petitioner is likely to be concluded within a period of four months. In above view of the matter, the prayer for bail of the petitioner in connection with Session Trial No.225 of 2016/37 of 2016 arising out of Ghoshi (Okari O.P.) P.S. Case No.38 of 2016 is rejected for the present.

However, if the trial of the petitioner is not concluded

Patna High Court Cr.Misc. No.23971 of 2016 (2) dt.30-05-2016 within the aforesaid period of four weeks, then he shall be at liberty to renew his prayer for bail before the learned trial court itself, whereafter his prayer for bail shall be considered favourably.

(Birendra Prasad Verma, J) Arvind/- U T