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Patna High CourtCR. MISC./52463/2017rejected

Sonu Bhuiyan @ Sunil Bhuiyan And ANR v. The State Of Bihar

2018-02-02Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52463 of 2017 Arising Out of PS.Case No. -11 Year- 2013 Thana -DUMARIA District- GAYA ======================================================

1. Sonu Bhuiyan @ Sunil Bhuiyan, S/o Ganesh Bhuiyan,

2. Jattu Bhuiyan s/o Ganesh Bhuiyan, Both R/o Village- Khaira, P.S.- Dumaria, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Mr. Sri Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 02-02-2018 Heard learned Counsel for the petitioners and the learned Counsel for the State.

Petitioner, already in custody, seeks bail in Dumaria PS Case No. 11 of 2013 (Sessions Trial No. 47 of 2017) registered under Section 302/34 of the IPC.

Submission is that there is no specific allegation against the petitioners alleging any overt act. Though the petitioners earlier moved before this Court also but by order dated 30.11.2016 the petitioners were given liberty to renew the prayer for bail after framing of the charge but the learned Counsel for the petitioners submits that the petitioners again moved for bail in another bail application which was permitted to be withdrawn.

Learned Counsel for the State submits that the petitioners were earlier absconders and therefore the trial was delayed, three witnesses have been examined in this case up till now after framing of the charge on 1.4.2017.

Having considered the said facts and circumstances, the

Patna High Court Cr.Misc. No.52463 of 2017 (2) dt.02-02-2018 prayer for bail of the petitioners is rejected. The trial court is directed to expedite the trial and preferably conclude the same within a period of six months. (Arun Kumar, J.) Snkumar/- U T