Ojindra Singh @ Ojendra Singh @ Vojindra Yadav @ Bajindra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37153 of 2016 Arising Out of PS.Case No. -174 Year- 2014 Thana -SAHAR District- BHOJPUR ====================================================== Ojindra Singh @ Ojendra Singh @ Vojindra Yadav @ Bajindra Singh Son of Eetwar Singh Resident of village- Inrukhi, Police Station- Sahar, DistrictBhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar Pandey For the Opposite Party/s : Mr. M. Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 31-08-2016 Heard the counsel for the petitioner and Mr. M. Dayal, APP for the State.

It is, in fact, the third attempt of the petitioner to seek bail in Sahar P.S. Case No. 174 of 2014 registered under Section 364, 302 and other allied Sections of the Indian Penal Code. His prayer for bail was considered and rejected vide order dated 22.06.2015 (Annexure-1), observing that if substantial progress in the case is not made within six (06) months, he shall have liberty to renew his prayer for bail. In the light of the said liberty, the petitioner approached this Court second time in Cr. Misc. No. 5345 of 2016 which was considered and rejected vide order dated 24.02.2016 (Annexure-1/A),

Patna High Court Cr.Misc. No.37153 of 2016 (2) dt.31-08-2016 2/2 observing that if all the materials prosecution witnesses are not examined within four (04) months, he shall be released. In the light of the said observations, the petitioner approached the learned trial court in S.T. No. 210 of 2015, which was rejected and hence the application.

From the impugned order, it appears that all the material witnesses on behalf of the prosecution were examined by 19.05.2016. A formal witness was to be produced on the subsequent date, who, however, did not appear and the prosecution case is closed.

Considering the above, I am not persuaded to direct for his release on bail.

The bail application is dismissed.

(Kishore Kumar Mandal, J) rohit/- U T