Patna High CourtCR. MISC./30165/2018disposed

Kunj Bihari Yadav v. The State Of Bihar

2018-05-17Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30165 of 2018 Arising Out of PS.Case No. -9 Year- 2017 Thana -SIMRIBAZAR District- DARBHANGA ====================================================== Kunj Bihari Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Jha For the Opposite Party/s : Mr. Sri Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-05-2018 Earlier prayer for bail of the petitioner was rejected vide order dated 22.08.2017 passed in Cr. Misc. No. 38315/2017 with a direction to the trial court to expedite the trial and try to conclude the same within a period of seven months and if not concluded, the petitioner will be at liberty to renew his prayer for bail before the court concerned.

Submission of the learned counsel for the petitioner is that out of seven witnesses, altogether six witnesses have been examined. Further, it has been submitted that other accused persons have been granted bail by a co-ordinate Bench of this Court, which would appear from Annexure- 3 series. It has also been submitted that in the meantime father of the petitioner has died and he has to participate in Shradh.

Heard the learned Additional P.P. also.

Patna High Court Cr.Misc. No.30165 of 2018 (2) dt.17-05-2018 2/2 In view of the aforesaid facts and circumstances of the case and the fact that the trial is at concluding stage, I am not inclined to grant bail to the petitioner.

However, if the petitioner moves before the learned trial court and prays for grant of provisional bail for a period of two weeks from the date of passing of the order on the ground of death of his father, the trial court shall consider his prayer and shall pass order accordingly.

With the aforesaid observation, the present petition is disposed of.

(Vinod Kumar Sinha, J.) Rakhi U T