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Patna High CourtCR. MISC./1879/2016rejected

Amrendra Rai v. The State Of Bihar

2016-03-16Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1879 of 2016 Arising Out of PS.Case No. -152 Year- 2013 Thana -DARIYAPUR District- SARAN ======================================================

1. Amrendra Rai Son of late Sanjivan Rai Resident of Village- Darvesha Sikandra, P.s Dariyapur, District Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arbind Kumar Singh For the Opposite Party/s : Mr. Manish Kumar-Ii(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-03-2016 Heard.

Petitioner happens to be main assailant of the deceased and earlier his prayer for bail was rejected by this Court vide dated 01.07.2015 passed in Cr. Misc. No. 21518 of 2015 with direction to the trial court to expedite the trial of the petitioner and try to conclude the same as early as possible.

The trial court has reported that out of seven proposed prosecution witnesses, five prosecution witnesses including I.O. and doctor have already been examined but, in the meantime, petition under section 319 of the Cr.P.C has been filed on behalf of the prosecution and the case is pending for hearing on the above stated petition.

Considering the aforesaid report as well as allegation

Patna High Court Cr.Misc. No.1879 of 2016 (3) dt.16-03-2016 2/2 leveled against the petitioner, I am not inclined to release the petitioner on bail and hence, his prayer for bail in connection with Session trial no. 106 of 2015 arising out of Dariyapur P.S.Case No. 152 of 2013, pending in the court of Additional District and Sessions Judge-II, Saran at Chapra is again rejected. However, the trial court must pass appropriate order on petition filed on behalf of the prosecution under section 319 of the Cr.P.C within a week from the next date fixed in the aforesaid trial.

(Hemant Kumar Srivastava, J) N.K/- U T