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Patna High CourtCR. MISC./10350/2019rejected

Mithlesh Kumar v. The State Of Bihar

2019-04-03Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10350 of 2019 Arising Out of PS. Case No.-182 Year-2016 Thana- WARISLIGANJ District- Nawada ====================================================== Mithlesh Kumar, S/O Basudeo Prasad, aged about 33 years, Male, resident of Village-Khalsa Dhibri, P.S-Muffasil, Dist.-Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Maheshwar Prasad, Advocate For the State :

Mr. Lakshmi Kant Sharma, Advocate For the Informant : Mr. Arun Kumar Arun, Advocate Mrs. Subuhi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 03-04-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Warsaliganj P.S. Case No. 182 of 2016 registered under Sections 302, 201 and 120B of the Indian Penal Code pending in the court of learned Additional Sessions Judge-5, Nawada. Learned counsel appearing on behalf of the petitioner submits that earlier prayer of the petitioner for bail was rejected on merit by this Court vide Cr. Misc. No. 53105 of 2016 on 15.02.2017.

On perusal of the report as received from the Additional District and Sessions Judge-Ist, Nawada, it appears that nine witnesses have already been examined and non-

Patna High Court CR. MISC. No.10350 of 2019(4) dt.03-04-2019 2/2 bailable warrant has already been issued against rest witness for evidence.

Considering the above facts and circumstances of the case, the application for bail of the petitioner is rejected. However, trial court is directed to conclude the trial within a period of three months. If the trial is not concluded within the aforesaid period, the petitioner may renew his prayer for bail after three months.

(Arvind Srivastava, J) Nasimul/- U T