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Patna High CourtCR. MISC./18201/2019dismissed

Praduman Kumar Yadav v. The State Of Bihar

2019-04-02Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 18201 of 2019 Arising Out of PS. Case No.-129 Year-2017 Thana- SINGHESHWAR District- Madhepura ====================================================== PRADUMAN KUMAR YADAV S/o Madan Yadav, Resident of VillagePathraha, P.S.-Singheshwar, District-Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-04-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The present petition is a second attempt on the part of the petitioner for grant of bail in connection with Singheshwar P.S. Case No. 129 of 2017 for the offences punishable under Sections 392/411 of the Indian Penal Code.

A co-ordinate Bench of this Court by an order dated 18.6.2018 passed in Cr. Misc. No. 12995 of 2018 had earlier rejected the prayer of the petitioner for grant of regular bail on the ground that stolen motorcycle and mobiles were recovered from the petitioner and the petitioner was an accused in several cases of similar nature.

The learned counsel for the petitioner has submitted that the petitioner is languishing in custody since 12.6.2017 and

Patna High Court CR. MISC. No. 18201 of 2019(2) dt.02-04-2019 2/2 though the charge sheet has been submitted against the petitioner on 31.8.2017, nonetheless, till date only cognizance of the offence has been taken by the learned Magistrate, hence, there is no chance of the trial being concluded in the near future. Having considered the rival submissions made by the learned counsel for the parties, this Court is of the view that there has been no change in the circumstances since the time the prayer for bail of the petitioner was rejected earlier by a coordinate Bench of this Court vide order dated 18.6.

2018, till today, hence, there is no occasion for considering the prayer of the petitioner for grant of regular bail afresh especially considering the fact that the petitioner is an accused in four other cases wherein also same and similar type of allegations have been levelled and one of the said case is under section 302/34 of the Indian Penal Code, thus, the prayer for bail made by the petitioner by way of the present petition is rejected. The petition stands dismissed, however, with a direction to the learned court below to expedite the trial and conclude the same within a period of twelve months from today.