Hemant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9857 of 2015 Arising Out of PS.Case No. -57 Year- 2012 Thana -NAYAGAON District- BEGUSARAI ======================================================

1. Hemant Kumar son of Arun Singh resident of Village - Sihma Dih, P.S. - Matiharni, District - Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashwani Kumar Sinha, Adv. For the Opposite Party/s : Mr. Ajay Kr.Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 07-10-2015 Heard learned counsel for the petitioner and the State. In this case prayer has been made for grant of bail in S.T.No. 228 of 2014 arising out of Nayagaon P.S.Case No. 57 of 2012. Earlier petitioner had moved before this Court in Cr.Misc.No.45068 of 2013 and the Court vide order dated 20th March 2014 rejected the prayer for bail. The Court considered various materials and taking into account nature of allegation of involvement bail prayer was rejected.

Counsel for the petitioner submits that two accused persons, namely Jitendra Singh @ Jitendra Kumar Singh and Bhola Mishra have been granted bail by this Court vide Cr.Misc.No. 40157 of 2014 and Cr.Misc.No. 47220 of 2014. It appears that charge has been framed but the prosecution has not brought any witness. The court below is directed to take all steps for procurement of the witnesses within six months. The prayer for bail of the petitioner is rejected.

Patna High Court Cr.Misc. No.9857 of 2015 (5) dt.07-10-2015 2/2 However, if there is no substantial progress in the case, the petitioner will be at liberty to renew his prayer for bail. Jay/- (Shivaji Pandey, J) U