Mukesh Kumar Choudhary @ Mukesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29162 of 2018 Arising Out of PS. Case No.-31 Year-2011 Thana- Bhairabashthan District- Madhubani ====================================================== Mukesh Kumar Choudhary @ Mukesh Chaudhary, son of Rajaram Choudahry, resident of village- Rupouli, P.S.- Bhairav Asthan, DistrictMadhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratanakar Jha For the Opposite Party/s :

Mr. Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 10-05-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody, seeks bail in connection with S.Tr. No. 190 of 2014/05 of 2016 arising out of Bhairav Asthan P.S.Case No. 31 of 2011 registered under Sections 363 and 366A of the Indian penal Code.

Petitioner is an accused in a case lodged under Section 366A and other allied offences of penal code. Impugned order disclosed that prosecution witness was present and the learned counsel appearing on behalf of the petitioner before the court below refused to cross-examine the prosecution witness and asked for issuance of non-bailable warrant, therefore, trial was split up. Considering the attitude of the petitioner to delay trial, coupled with misuse of privilege of bail, prayer of bail of the petitioner is rejected however the trial court is directed to expedite the trial and preferably to conclude within a year. (Arun Kumar, J) sujit/- U T