Patna High CourtCR. MISC./51552/2017rejected

Brajesh Singh v. The State Of Bihar

2017-12-06Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51552 of 2017 Arising Out of PS.Case No. -108 Year- 2012 Thana -NABINAGAR District- AURANGABAD ====================================================== Brajesh Singh, son of Kameshwar Singh, resident of Village- Rajwaria Kala, Police Station- Nabinagar, District- Aurangabad (Bihar). .... .... Petitioner

Versus

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

For the Petitioner : Ms. Nivedita Nirvikar, Advocate For the Opposite Party : Mr. Manish Kumar 2 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-12-2017 Heard learned counsel for the petitioner and the learned counsel representing the State.

The petitioner wants to renew the prayer of bail which was earlier rejected vide orders dated 18.03.2013, 15.04.2015 and 04.02.2017 passed in Cri. Misc. No. 5149 of 2013, Cr. Misc. No. 21407 of 2014 and Cr. Misc. No. 48367 of 2016 respectively, on the ground that the trial has not been concluded as yet and the petitioner is suffering in custody since 09.08.2012 and in near future the trial is not likely to be concluded, there was direction to expedite the trial and to conclude the same on priority basis but the trial has not been concluded as yet and, as such, the petitioner deserves sympathetic consideration.

Patna High Court Cr.Misc. No.51552 of 2017 (4) dt.06-12-2017 2/2 The learned A.P.P. submits that trial is in progress and it is likely to be concluded.

In the facts and circumstances stated above, considering that there is allegation against the petitioner that he brutally assaulted one of the deceased, at present, I am not inclined to reconsider the prayer for bail of the petitioner and accordingly his such prayer stands rejected in connection with Navinagar P.S. Case No. 108 of 2012 corresponding to Sessions Trial No. 22 of 2013/03 of 2017, pending in the court of learned Additional Sessions Judge-IVth, Aurangabad.

However, the learned trail Court is directed to expedite the trial and conclude the same preferably within four months, from date of receipt/production of a copy of this order, failing which if the petitioner at no fault, may be at liberty to renew his prayer for bail.

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