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Patna High CourtCR. MISC./45665/2016rejected

Ramesh Kumar v. The State Of Bihar

2016-11-16Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45665 of 2016 Arising Out of PS.Case No. -38 Year- 2016 Thana -GHOSI District- JEHANABAD ====================================================== Ramesh Kumar S/o Late Biranchi Prasad, resident of Village- Arhit, Police Station- Ghoshi, District- Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Prasad, Advocate For the Opposite Party/s : Mr. Sri Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 16-11-2016 Heard.

In compliance of the order dated 26.10.2016, a report dated 05.11.2016 kept at Flag 'A' has been submitted by the learned trial court disclosing therein that the trial of the petitioner has substantially progressed and five prosecution witnesses have already been examined. According to report, only doctor and I.O. are yet to be examined.

The prayer for bail of the petitioner was earlier rejected by order dated 30.05.2016 passed in Cr.Misc.No. 23971 of 2016, as contained in Annexure-1 to this application, on the ground that he is the sole accused named in the First Information report and he is alleged to have assaulted the father of the informant causing grievous injuries on his person. Taking into consideration the report of the learned trial court kept at Flag 'A" as also taking into consideration the nature of allegation as disclosed in the First Information Report and further taking into consideration the fact that the trial of the petitioner is practically at the verge of conclusion, this Court is not inclined to accede to the prayer made on behalf of the

Patna High Court Cr.Misc. No.45665 of 2016 (3) dt.16-11-2016 2/2 petitioner for grant of bail to him at this stage. Accordingly, his prayer for bail in connection with Sessions Trial No. 225 of 2016/37 of 2016 arising out of Ghoshi (Okri O.P.) P.S.Case No. 38 of 2016 pending in the court of learned Additional Sessions Judge III, Jehanabad is rejected once again.

However, the learned trial court is directed to conclude the trial of the petitioner at an early date positively within a maximum period of three months from the date of receipt/production of a copy of this order.

The present applications stands dismissed with the observations and directions made above.

(Birendra Prasad Verma, J) Tahir/- U T