Nilesh Kumar Roy @ Nilesh Kumar @ Nitesh Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.7400 of 2018 (4) dt.04-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7400 of 2018 Arising Out of PS.Case No. -133 Year- 2015 Thana -PHULWARIA District- BEGUSARAI ======================================================

1. Nilesh Kumar Roy @ Nilesh Kumar @ Nitesh Kumar S/o Gopal Rai, R/o Village- Baro, Rampur Tola, P.S.- Garhara, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Syed Ehteshamuddin For the Opposite Party/s : Mr. Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 04-04-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody, seeks bail in Phulwaria PS Case No. 133 of 2015 registered under Sections 302, 120B and 34 of the IPC.

This is second attempt to seek bail by the petitioner, earlier his bail application was rejected by order dated 6.9.2016 passed in Cr. Misc. No. 35881 of 2016.

The allegation in brief is that the petitioner was identified by the informant as one of the shooters who shot at the deceased. Learned Counsel for the petitioner submits that by earlier order dated 6.9.2016 bail petition of the petitioner was rejected at that stage but still no progress has been made in the trial. The report of the court concerned shows that two of the co-accused are still absconding and not appearing before the court.. Having considered the said facts and circumstances, the prayer for bail of the petitioner is again rejected with a direction to the trial court to expedite trial of the petitioner and preferably conclude the same within one year.

Snkumar/- (Arun Kumar, J.) U T