Patna High CourtCR. MISC./8736/2017rejected

Horil Dom @ Musa Dom v. The State Of Bihar

2017-04-26Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8736 of 2017 Arising Out of PS.Case No. -472 Year- 2011 Thana -BAGHA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Horil Dom @ Musa Dom Son of Dukhi Dom @ Dukhi Ram, Resident of Village- Choutarawa Dom Paraw, P.S. Bagaha, District- West Champaran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Milind Kumar Mishra For the Opposite Party/s : Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 26-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Bagaha P.S. Case No. 472 of 2011, registered under Sections 147, 148, 149, 341, 323, 302 and 504 of the Indian Penal Code, pending in the court of Additional Sessions Judge-III, Bagaha, West Champaran.

Earlier, the prayer for bail of the petitioner was rejected vide order dated 04.05.2016 passed in Criminal Misc. No. 17951 of 2016 on merit.

Submission is that petitioner is in custody since 17.06.2013 and the case of the petitioner is still going on for the prosecution evidence.

Patna High Court Cr.Misc. No.8736 of 2017 (3) dt.26-04-2017 2/2 The report as called for vide order dated 22.02.2017 has been received vide letter No. 209, dated 07.03.2017 from the court of 1st Addl. Sessions Judge, Bagaha, West Champaran, which shows that the record is running for evidence of prosecution and seven witnesses have to be examined in this case. Having considered the facts and circumstances of the case, I am not inclined to reconsider the bail prayer of the petitioner. Accordingly, the prayer of the petitioner for grant of bail is again rejected. However, the learned Court below is directed to take all effective stapes to conclude the trial of the petitioner within one year.

(Rajendra Kumar Mishra, J) manish/- U T