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Patna High CourtCR. MISC./43083/2016rejected

Dilwar Mandal v. The State Of Bihar

2017-03-21Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43083 of 2016 Arising Out of PS.Case No. -116 Year- 2015 Thana -ARIYARI District- SEKHPURA ====================================================== Dilwar Mandal, Son of Shankar Mandal, R/O village- Raghunathpur, P.S.- Sikandra, District- Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 21-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Sessions Trial No.26 of 2016, arising out of Ariari (Kasar) P.S. Case No.116 of 2015/G.R. No.1183 of 2015, registered under Section 364 and, subsequently, added Sections 302 and 201/34 of the Indian Penal Code, pending in the court of the Sessions Judge, Sheikhpura. A report sent by the Sessions Judge, Sheikhpura, vide letter no.05/2017 dated 06.03.2017, flagged at 'C' has been received in compliance of the order dated 25.01.2017 passed by a Bench of this Court, whereunder the Superintendent of Police, Sheikhpura, was directed to produce the remaining witnesses so that the lower

Patna High Court Cr.Misc. No.43083 of 2016 (5) dt.21-03-2017 2/2 court may proceed with the trial on day to day basis. The aforesaid report shows that all the prosecution witnesses have been examined and the statement of the accused persons including the petitioner under Section 313 of the Code of Criminal Procedure has also been recorded and the record is running for defence evidence.

Having regard to the facts and the circumstances of the case and also considering that all the prosecution witnesses have been examined and the record is only running for defence evidence , I am not inclined to grant bail to the petitioner. Accordingly, the prayer of the petitioner for grant of bail stands rejected. (Rajendra Kumar Mishra, J) P.S./- U T