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Patna High CourtCR. MISC./21261/2017rejected

Awadh Mahto v. The State Of Bihar

2017-11-08Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21261 of 2017 Arising Out of PS.Case No. -132 Year- 2015 Thana -SIKANDARA District- JAMUI ====================================================== Awadh Mahto, son of Late Ram Bhajju Mahto, resident of VillageKurhadih, P.S.- Sikandra, District- Jamui. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mrityunjay Kumar For the Opposite Party/s : Mr. Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 08-11-2017 Heard learned counsel for the petitioner and counsel for the State.

This is the third attempt the petitioner is making a prayer for bail in connection with S.Tr. No. 74 of 2016 (arising out of Sikandra P.S. Case No. 132 of 2015) registered for offences under Sections 323, 324, 326, 302, 201/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that two years have already been passed and four witnesses have been turned hostile, therefore, the petitioner deserves for grant of bail. For the present, this Court is not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner,

Patna High Court Cr.Misc. No.21261 of 2017 (5) dt.08-11-2017 namely, Awadh Mahto is rejected with a direction to the court below to conclude the trial on day-to-day basis within a period of six months from today subject to cooperation extended by the petitioner.

If the trial is not concluded within the aforesaid period of six months, the petitioner will be at liberty to renew his prayer for bail before this Court.

(Shivaji Pandey, J) Rishi/- U T