Tripurari Sharan Jha @ Tripuri Saran Jha @ Tripurari Sharan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27450 of 2017 Arising Out of PS.Case No. -351 Year- 2015 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================

1. Tripurari Sharan Jha @ Tripuri Saran Jha @ Tripurari Sharan, son of Dayanand Prabhakar, resident of Village- Fulpura, P.S.- Bidupur, DistVaishali, at presently residing at Veer Kunwar Singh Colony, Jagdamba Asthan, P.S.- Hajipur Town, Dist- Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar, Advocate For the Opposite Party/s : Mr. Sri Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-07-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Earlier the prayer for bail of the petitioner was rejected by this Court vide order dated 30.11.2016 passed in Criminal Miscellaneous No. 46460 of 2016, giving liberty to petitioner to renew his prayer for bail, if the trial is not concluded within five months.

However, the trial court has reported that up till now only six witnesses could be examined and still nine prosecution witnesses are left to be examined as five prosecution witnesses have been given up by the prosecution. Moreover, trial court has sought for only five months for disposal of the trial of the

Patna High Court Cr.Misc. No.27450 of 2017 (3) dt.19-07-2017 2/2 petitioner, therefore, taking into consideration the aforesaid fact as well as keeping in mind that the petitioner was caught by the police with dead body of the deceased, again, I am not inclined to release the petitioner on bail at present and accordingly, his prayer for bail in connection with S.T. No. 268/2016 arising out of Hajipur Town P.S. Case No. 351 of 2015 pending in the court of learned Additional Sessions Judge 3rd, Vaishali at Hajipur stands rejected.

However, if the trial of the petitioner is not concluded within the period as fixed by the trial court, the petitioner may renew his prayer for bail before the trial court itself. (Hemant Kumar Srivastava, J) sushma/- U T