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Patna High CourtCR. MISC./26582/2018rejected

Birendra Prasad @ Birendra Prasad Yadav v. The State Of Bihar

2018-05-02Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26582 of 2018 Arising Out of PS.Case No. -276 Year- 2015 Thana -FATUHA District- PATNA ======================================================

1. Birendra Prasad @ Birendra Prasad Yadav Son of Sri Ramanand Prasad @ Ramanand Rai Resident of Mohalla - Narayan, P.S. Fatuha, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02-05-2018 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 thrice rejected by this Court but again this bail petition has been filed on the ground that petitioner is in jail custody since 11.01.2016 but up till now his trial has not been concluded.

Considering the aforesaid facts as well as submission of the parties and also keeping in mind that petitioner is said to be main assailant and his trial has already commenced, again I am not inclined to release the petitioner on bail and, accordingly, his prayer for bail in connection with Fatuha P.S.Case No. 276 of 2015, pending in the court of Additional Sessions Judge-VI, Patna

Patna High Court Cr.Misc. No.26582 of 2018 (2) dt.02-05-2018 2/2 City stands rejected.

However, the trial court should conclude the trial of the petitioner within a period as mentioned by the trial court in the impugned order itself.

(Hemant Kumar Srivastava, J) N.K/- U T