Mritunjay Mishra @ Mirtunjay Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44162 of 2016 Arising Out of PS.Case No. -37 Year- 2012 Thana -GOH District- AURANGABAD ======================================================

1. Mritunjay Mishra @ Mirtunjay Mishra S/o Late Bindeshwar Mishra @ Binda Jee R/O village- Misir Bigha, P.S.- Pauthu, District- Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-11-2016 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in connection with Goh P.S.Case no.37 of 2012 registered under Sections 147,148, 149,341, 323, 436 and 427 of the Indian Penal Code and 27 of Arms Act and 17 of C.L.A.Act.

The prosecution story, in brief, is that all of sudden at 11.50 P.M. 15 to 20 persons armed with weapons arrived at the place of occurrence and taken the security person under their control and switched off the generator. Further they took out diesel from the vehicles parked there and having sprinkled the same on the vehicle and thereafter set the vehicles on fire. The miscreants threatened of dire consequence if the matter is reported to the police.

Patna High Court Cr.Misc. No.44162 of 2016 (3) dt.23-11-2016 2/2 Earlier the prayer for bail of the petitioner was rejected vide Annexure 1 to the present application, with a direction to the trial court to conclude the trial within a period of one year from the date of receipt/ production of a copy of this order. This is second attempt on behalf of the petitioner. A report was called for from the trial court regarding the stage of the case. It has been reported that the charges have been framed and the trial is expected to be concluded within a period of six months. Considering the aforesaid facts and circumstances of the case, I am not inclined to grant bail to the petitioner and same is rejected. The trial court is directed to take all necessary steps to conclude the trial in the light of the report submitted by the trial court.

The District Magistrate, Aurangabad and Superintendent of Police, Aurangabad are directed to ensure that the prosecution witnesses are produced in court on the date fixed by the trial court.

Let a copy of this order be communicated to District Magistrate, Aurangabad and Superintendent of Police, Aurangabad for necessary action.

(Sudhir Singh, J) singh/- U T