Patna High CourtCR. MISC./49570/2017rejected

Kanhaiya Kumar @ Kanhaiya Singh v. The State Of Bihar

2017-10-18Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49570 of 2017 Arising Out of PS.Case No. -293 Year- 2015 Thana -BARAUNI District- BEGUSARAI ====================================================== Kanhaiya Kumar @ Kanhaiya Singh, son of Dilip Singh, Resident of Village- Jokiya, P.S. Bhagwanpur, District- Begusarai. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Anshu Dhar Sharma, Advocate Mr. Mukesh Kumar, Advocate For the Opposite Party : Mr. Sri Rajballabh Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner, learned counsel for the informant and the learned counsel representing the State.

The petitioner wants to renew the prayer of bail which was earlier rejected vide order dated 18.04.2016 passed in Cri. Misc. No. 10581 of 2016, on the ground that the petitioner is suffering in custody since 18.08.2015, it was dark night and it was impossible to identify the culprits. The informant has not stated that injured brother stated the name of culprits before him and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. duly assisted by the learned counsel for the informant opposes the prayer of bail by submitting that trial is likely to be concluded and the deceased before his death stated the name of the petitioner and co-accused Balmukund

Patna High Court Cr.Misc. No.49570 of 2017 (2) dt.18-10-2017 2/2 Kumar as assailant.

In the facts and circumstances stated above, 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. 57 of 2016, arising out of Barauni (Garhara) P.S. Case No. 293 of 2015 pending in the court of learned 5th Additional Sessions Judge, Begusarai. However, the learned trail Court is again directed to expedite the trial and to conclude the same as early as possible within four months.

(Jitendra Mohan Sharma, J.) Rajiv/- U T