Chhanguri Mahaldar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39981 of 2017 Arising Out of PS.Case No. -41 Year- 2014 Thana -KADWA District- KATIHAR ======================================================

1. Chhanguri Mahaldar S/o- Late Sakhichand Mahaldar, resident of Bhogaon Kothi, P.S.- Kadwa, District- Katihar .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjeev Kumar Singh, Adv. For the Opposite Party : Mr. Rajkishore Singh, APP 172 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-10-2017 Heard both sides.

The petitioner seeks bail in Sessions Trial No. 216 of 2014 arising out of Kadwa P.S. Case No. 41 of 2014 registered under Section 302 and other sections of the Indian Penal Code. The prayer for bail of the petitioner was earlier rejected in Cr. Misc. No. 6102 of 2015 by order, dated 08.04.2015, Cr. Misc. No. 6593 of 2016 by order, dated 20.07.2016 and Cr. Misc. No. 1924 of 2017 by order, dated 01.03.2017. The learned counsel for the petitioner submits that the trial is still pending.

A report was called and the learned Additional Sessions Judge, I, Katihar, who is seisin of the case, reported that after closing the prosecution case, the statements of the accused persons, under Section 313 of the Criminal Procedure Code, have already been recorded and the case is fixed for argument. Considering the facts that the trial is at it's fag end, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail is rejected. The trial Court is directed to conclude the argument expeditiously and conclude the case within one and half months from the date of receipt of this order.

(Prabhat Kumar Jha, J) SA/- U √ T √