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Patna High CourtCR. MISC./21795/2022dismissed

Adalat Mishra v. The State Of Bihar

2022-04-27Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21795 of 2022 Arising Out of PS. Case No.-320 Year-2017 Thana- BHORE District- Gopalganj ====================================================== ADALAT MISHRA Son of Late Subedar Mishra Resident of Village - Khalwawa Gaon, P.S.- Bhorey, Distt.- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh, Adv.

For the State :

Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-04-2022 The present petition is by way of fifth attempt at the behest of the petitioner for grant of bail in connection with Sessions Trial No. 41 of 2018 arising out of Bhorey P.S.Case No. 320 of 2017 under Sections 341, 323, 307, 302, 34 of the Indian Penal Code and Section 27 of the Arms Act inasmuch as the earlier petitions filed by the petitioner for grant of bail have all been dismissed by this Court.

The petitioner is stated to have fired on the informant and the deceased.

The learned counsel for the petitioner has submitted that the petitioner is languishing in

Patna High Court CR. MISC. No.21795 of 2022(2) dt.27-04-2022 2/2 custody since 8.10.2017, hence, he be granted the privilege of bail.

Having regard to the facts and circumstances of the case, this Court finds that there is no change in circumstance so as to warrant reconsideration of the prayer of the petitioner for grant of bail and moreover, the petitioner has been alleged to have fired on the informant and the deceased resulting in death of a person. This Court also finds from the impugned order dated 2.1.2021 passed by the learned Court of Additional Sessions Judge VII, Gopalganj that there is substantial progress in the trial inasmuch as 10 witnesses have already been examined.

In such view of the matter, I do not find any merit in the present petition, hence, the same stands dismissed.

(Mohit Kumar Shah, J) Ajay/- U T