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Patna High CourtCR. MISC./19227/2017rejected

Hitesh Jha v. The State Of Bihar

2017-05-17Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19227 of 2017 Arising Out of PS.Case No. -219 Year- 1997 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ====================================================== Hitesh Jha s/o Late Chandra Shekhar Jha, R/v Fatehabad, P.S. Sadar, Hajipur, Distt. Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Navesh Nandan For the Opposite Party/s : Mr. Sri Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-05-2017 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Hajipur Sadar P.S. Case No. 219 of 1997 registered for the offence punishable under Sections 323, 324, 379/34 of the Indian Penal Code.

This is a case of misuse of privilege of bail. The petitioner was released on bail on 25.01.1999 and thereafter date was fixed for framing of charge but after release the petitioner never appeared before the court and due to non-cooperation of the petitioner , trial remain pending for last twenty years. The petitioner is in custody since 16th of January, 2017. In the facts and circumstances stated above,

Patna High Court Cr.Misc. No.19227 of 2017 (2) dt.17-05-2017 2/2 considering the period of absconding, I am not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected in connection with Hajipur Sadar P.S. Case No. 219 of 1997 pending in the Court of learned Judicial Magistrate, 1st Class, Vaishali, Hajipur.

However, the trial court is directed to conclude the same as per direction of learned Sessions Judge, Vaishali, Hajipur. (Jitendra Mohan Sharma, J) sushma/- U T