Sushil Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55867 of 2015 Arising Out of PS.Case No. -83 Year- 2003 Thana -HASANPUR District- SAMASTIPUR ====================================================== Sushil Mahto son of Shivjee Mahto, resident of village- Fuhiya, P.S.- Bithan, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Prasad Singh, Advocate For the Opposite Party/s : Mr. Ajay Kumar-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 14-12-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Sessions Trial No.835 of 2006 arising out of Hasanpur (Bithan) P.S.Case No.83 of 2003 registered under sections 302/34 of the Indian Penal Code and 27 of the Arms Act.

It is a case of misuse of privilege of bail for over seven years.

It is contended that in the present case the petitioner is in custody since 13th November, 2014 and on 14th January, 2015 charges have already been framed. It is further contended that the petitioner is ready to furnish adequate surety to the satisfaction of the court.

Patna High Court Cr.Misc. No.55867 of 2015 (2) dt.14-12-2015 2/2 Be that as it may, regard being had to the criminal antecedent of the petitioner and abuse of privilege of bail, I am not inclined to grant him bail. Accordingly, his prayer for bail is rejected.

The trial court is directed to hold the trial of the petitioner on day-to-day basis and conclude the same as early as possible preferably within one year from the date of receipt/production of a copy of this order failing which the petitioner would be at liberty to renew his prayer for bail before the court below itself.

(Ashwani Kumar Singh, J) Md.S./- U T