Patna High CourtCR. MISC./21549/2021dismissed

Adalat Mishra v. The State Of Bihar

2021-09-15Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 21549 of 2021 Arising Out of PS. Case No.-320 Year-2017 Thana- BHORE District- Gopalganj ====================================================== Adalat Mishra Son Of Late Subedar Mishra R/O Village- Khalawa Gaon, P.S.- Bhorey, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Setu Prateek, Advocate For the Opposite Party/s :

Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-09-2021 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Ms. Rina Sinha, the learned APP for the State.

The present petition is by way of fourth attempt at the behest of the petitioner for grant of regular bail in connection with Bhorey PS case no. 320 of 2017 under Sections 341, 323, 307, 302/34 of Indian Penal Code and 27 of Arms Act. The petitioner is the main assailant who is alleged to have

Patna High Court CR. MISC. No.21549 of 2021(3) dt.15-09-2021 2/2 fired on the deceased resulting in his death. The learned counsel for the petitioner has submitted that the petitioner is languishing in custody since 09.10.2017 and the trial has not yet been concluded as also there is no chance of conclusion of the trial in the near future.

Per contra, the learned A.P.P. for the State Ms. Rina Sinha has vehemently opposed the prayer for bail. Having heard the learned counsel for the petitioner and having perused the materials on record, I find that there is no change in circumstance from the day the prayer of the petitioner for grant of bail was rejected earlier, till date, hence considering the fact that the petitioner is the main assailant, I do not find any merit in the instant case, thus the present petition stands dismissed.

(Mohit Kumar Shah, J) rinkee/- U T