Patna High CourtCR. MISC./28546/2016rejected

Jitendra Kanjar And ANR v. The State Of Bihar

2016-07-20Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28546 of 2016 Arising Out of PS.Case No. -232 Year- 2014 Thana -RAJAULI District- NAWADA ======================================================

1. Jitendra Kanjar, S/o Raj Kumar Kanjar,

2. Sukhpal Kanjar, S/o Rajmal Kanjar, Both are Resident of VillageBhairva Kheri, Police Station- Tonk Khurd, District- Dewash (Madhya Pradesh) .... .... Petitioners

Versus

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

For the Petitioners : Mr. Arun Kumar Arun, Advocate. For the Opposite Party : Mr. Smt. Anita Kumari Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-07-2016 Heard learned counsel for the petitioners and learned A.P.P. representing the State.

The petitioners want to renew the prayer of bail, which was earlier rejected by order dated 29.10.2015 passed in Cri. Misc. No. 29138 of 2015 on the ground that the petitioners are in custody since 22.01.2015 and the trial has not been concluded within the time given. The petitioners by remaining in custody have sufficiently been penalized at this stage. Learned A.P.P. opposes the prayer of bail by submitting that the petitioners were caught with looted cigarettes and further they also confessed their guilt. The trial is in progress and it is likely to be concluded.

Patna High Court Cr.Misc. No.28546 of 2016 (2) dt.20-07-2016 2/2 In the facts and circumstances stated above, at present finding no good ground for reconsideration of prayer of the bail, again the prayer of the bail of the petitioners stands rejected.

However, the learned trial court is directed to conclude the trial preferably within the period of two months. Let a copy of this order be also sent to the Superintendent of Police concerned to direct the officer-in-charge concerned to produce the remaining prosecution witnesses after executing Non-Bailable Warrant of arrest issued by the Court and if the trial is not concluded within that time, then the petitioners if at no fault, may renew their prayer for bail. (Jitendra Mohan Sharma, J.) Amit/- U T