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Patna High CourtCR. MISC./53797/2015dismissed

Birendra Sharma @ Birendra Kumar Sharma v. The State Of Bihar

2015-12-02Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53797 of 2015 Arising Out of PS.Case No. -43 Year- 2013 Thana -JANDAHA District- VAISHALI(HAJIPUR) ====================================================== BIRENDRA SHARMA @ BIRENDRA KUMAR SHARMA S/o Late Rajendra Sharma R/o Village- Balua Basant, P.S.- Lalganj, DistrictVaishali .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Awadhesh Kumar For the Opposite Party/s : Mr. Madan Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 02-12-2015 Heard Sri Awadhesh Kumar, learned counsel for the petitioner and Sri Madan Kumar, learned Addl. Public Prosecutor. This is the second attempt for grant of bail on behalf of the petitioner in connection with Jandaha P.S. Case no.43 of 2013 registered under Sections 395 and 412 of the Indian Penal Code. Earlier the prayer for bail of the petitioner was rejected on 03.03.2015 vide Cr.Misc.No.49393 of 2014.

Learned counsel for the petitioner submits that after rejection of the prayer for bail, substantial change has taken place. He submits that out of nine prosecution witnesses, eight have already been examined and out of eight examined witnesses, four have turned hostile and four have not disclosed anything implicating the petitioner.

Patna High Court Cr.Misc. No.53797 of 2015 (2) dt.02-12-2015 2/2 Keeping in view the fact that out of nine chargesheeted witnesses, eight have already been examined, at the moment there is no reason for renewal in the prayer for bail of the petitioner. The petition stands dismissed.

(Rakesh Kumar, J) NKS/- U