Patna High CourtCR. MISC./55891/2015rejected

Rajesh Kumar v. The State Of Bihar

2016-01-13Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55891 of 2015 Arising Out of PS.Case No. -235 Year- 2014 Thana -GAYA KOTWALI District- GAYA ======================================================

1. Rajesh Kumar son of Chandrama Singh, resident of village- Fazalganj, Police Station- Sasaram, District- Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Madhuranand Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 13-01-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Sessions Trial No. 28 of 2015 arising out of Kotwali P.S.Case No. 235 of 2014 registered under Sections 489-A, 489-B, 489-C and 420 of the Indian Penal Code.

It is contended that the petitioner is in custody since 23rd April, 2014 and, after commitment of the case, charges were framed on 8th July, 2015, but till date, no witness has turned up on behalf of the prosecution. It is further contended that there is no likelihood of conclusion of the trial in near future. On the other hand, learned counsel for the State has contended that the prayer for bail of the petitioner was twice

Patna High Court Cr.Misc. No.55891 of 2015 (3) dt.13-01-2016 2/2 rejected by this Court. He has contended that the police party had a reason to believe that some suspected persons are dealing in some fake currency notes and on the basis of that they led a trap pursuant to which the petitioner and one another accused were arrested on chase and from their possession fake currency notes were recovered.

Be that as it may, regard being had to the reasons assigned in the order dated 11.09.2014 passed in Cr.Misc. No. 30304 of 2014, I am not inclined to grant bail to the petitioner for the present. Accordingly, the application for bail is rejected. The learned Sessions Judge, Gaya is directed to ensure speedy trial of the case.

In case, the trial is not concluded within one year from today, the petitioner would be at liberty to renew his prayer for bail.

Let a copy of the order be transmitted to the learned Sessions Judge, Gaya.

(Ashwani Kumar Singh, J) Pradeep/- U T