Patna High CourtCR. MISC./18350/2017rejected

Anish Raj v. The State Of Bihar

2017-05-17Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18350 of 2017 Arising Out of PS.Case No. -134 Year- 2015 Thana -KHAZANIHAT District- PURNIA ====================================================== Anish Raj, Son of Basisth Prasad Shrivastava @ Basisth Prasad, resident of Mohalla- Naya Tola, Milky Maranga, P.S.- Maranga, District- Purnea. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Vijay Shankar Shrivastava, Advocate.

For the Opposite Party : Mr. Rajeev Nayan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-05-2017 Heard both sides.

The petitioner seeks bail in Sessions Trial No. 380 of 2015, arising out of K. Hat (Sahayak) P.S. Case No. 134 of 2015 registered for the offences punishable under Sections 302, 120(B) and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that prayer for bail of the petitioner was earlier rejected vide order dated 15.09.2015 passed in Cr. Misc. No. 22424 of 2015. By the aforesaid order, the trial court was directed to expedite the trial and conclude the same within one year from the date of receipt/production of a copy of this order. It is further submitted that the trial has not yet been concluded. A report was called for and from the report, it appears that the prosecution case has

Patna High Court Cr.Misc. No.18350 of 2017 (3) dt.17-05-2017 2/2 already been closed and the trial is being held on day-to-day basis. The trial is pending for the examination of the defence witnesses. The defence filed a petition for examination of five more defence witnesses.

Considering the facts that now the trial is pending at the instance of the defence and, it was the petitioner and two others who stabbed the father of the informant to death, I am not inclined to enlarge the petitioner above named on bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T