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Patna High CourtCR. MISC./18379/2018rejected

Nagendra Kunwar @ Nagendra Kuwar v. The State Of Bihar

2018-04-18Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18379 of 2018 Arising Out of PS. Case No.-48 Year-2014 Thana- PANAPUR District- Saran ====================================================== Nagendra Kunwar @ Nagendra Kuwar, Son of late Ram Dharan Kunwar, Resident of Village-Chakiya, P.S.-Panapur, District-Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satyam Shivam Sundaram, Advocate For the Opposite Party/s :

Mr. Mithilesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-04-2018 Heard learned counsel for the petitioner and the learned counsel representing the State.

The petitioner wants to renew the prayer of bail which was earlier rejected vide order dated 11.01.2017 and 16.08.2017, passed in Cr. Misc. No. 55709 of 2016 and Cr. Misc. No. 35012 of 2017 respectively, on the ground that the petitioner is suffering in custody since 30.05.2016. There is general and omnibus allegation against several accused persons, the petitioner earlier has lodged Panapur P.S. Case No. 15 of 2014 and in retaliation, this case has been lodged and the petitioner has been implicated. Uptill now only one prosecution witness has been examined and, as such, the petitioner deserves sympathetic consideration.

Patna High Court Cr.Misc. No.18379 of 2018(2) dt.18-04-2018 2/2 The learned A.P.P. opposes the prayer of bail by submitting that the petitioner assaulted the deceased with sharp and heavy weapon on the head, resulting his death. In the facts and circumstances stated above, at present, finding no good ground for reconsideration of prayer of the bail, again prayer of the bail of the petitioner stands rejected in connection with Sessions Trail No. 222 of 2015, arising out of Panapur P.S. Case No. 48 of 2014, pending in the court of learned ADJ VIII, Saran at Chapra.

However, considering the detention of the petitioner, the learned trial Court is directed to expedite the trial and conclude the same preferably within four months, from date of receipt/production of a copy of this order, failing which if the petitioner at no fault, may be at liberty to renew his prayer for bail.

(Jitendra Mohan Sharma, J) khushbu/- U T