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Patna High CourtCR. MISC./10749/2020rejected

Jitendra Kumar v. The State Of Bihar

2020-07-06Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10749 of 2020 Arising Out of PS. Case No.-106 Year-2018 Thana- TAJPUR District- Samastipur ====================================================== JITENDRA KUMAR Son of Mahavir Singh @ Mahavir Mahto Resident of Village - Raipur Bujurg, P.S.- Sarai Ranjan, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pritish Kumar Lal For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 06-07-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is accused in connection with Sessions Trial No. 129 of 2019 arising out of Tajpur (Halai O.P.) P.S. Case No. 513301618016 registered under sections 302 and 34 of the I.P.C. pending in the Court of Additional Sessions Judge-IV, Samastipur.

Submission of learned counsel for the petitioner is that earlier prayer of the petitioner for bail was rejected by a Bench of this Court vide Cr. Misc. No. 80455 of 2018 on 20.02.2019 with direction to the Court below to conclude the trial as expeditiously as possible preferably within nine months from the date of receipt/production of the order and the Superintendent of Police, Samastipur was also directed to

Patna High Court CR. MISC. No.10749 of 2020(4) dt.06-07-2020 2/2 ensure production of the witnesses in the case on each and every date, but till now the trial has not been concluded. The petitioner is in custody since 16.04.2018. The petitioner may be released on bail.

On perusal of report of the Additional Sessions Judge-IV, Samastipur, vide Letter No. 232 dated 09.06.2020, it appears that the case is fixed for argument.

Having considered the above facts and circumstances of the case as also the report of the court below, this Court is not inclined to allow the prayer of the petitioner for bail.

Accordingly, prayer for grant of regular bail of the petitioner is rejected.

(Arvind Srivastava, J) shailendra/- U T