Patna High CourtCR. MISC./51723/2016rejected

Binod Mahto v. The State Of Bihar

2016-12-07Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51723 of 2016 Arising Out of PS.Case No. -36 Year- 2015 Thana -BASANTPUR District- SIWAN ====================================================== Binod Mahto .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar Tiwary For the Opposite Party/s : Mr. Sri Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. representing the State.

The petitioner wants to renew his prayer for bail, which was earlier rejected vide order dated 23.05.2016 passed in Cri. Misc. No. 20910 of 2016, on the ground that the petitioner is suffering in custody since 07.12.2015, other co-accused have been allowed bail, up till now charges have not been framed and in near future the trial is not likely to be concluded. The learned A.P.P. submits that against the petitioner there is specific allegation for causing injury by farsa on the head of Vinod Mahto and that injury has been found by the doctor vital during post mortem report and as such the petitioner is the assailant.

In the facts and circumstances stated above, finding

Patna High Court Cr.Misc. No.51723 of 2016 (2) dt.07-12-2016 2/2 no good ground for reconsideration of prayer for bail, again prayer for bail of the petitioner stands rejected in connection with Basantpur P.S. Case No. 36 of 2015, pending in the court of learned Chief Judicial Magistrate, Siwan.

However, considering the period of detention of the petitioner, the learned trial court is directed to expedite the trial and to conclude the same as early as possible, preferably within a period of six months from the date of receipt/production of a copy of this order, failing which the petitioner, if at no fault, may renew his prayer of bail.

(Jitendra Mohan Sharma, J) siddharth/- U T