Patna High CourtCR. MISC./39139/2023bail rejected

Bibhishan Yadav v. The State Of Bihar

2023-07-26Mr. Justice Chandra Shekhar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39139 of 2023 Arising Out of PS. Case No.-41 Year-2021 Thana- BANDHUWA KURAWA District- Banka ====================================================== BIBHISHAN YADAV ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Jha, Advocate For the Opposite Party/s :

Mr.Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 26-07-2023 Heard learned counsel appearing on behalf of the parties.

2. It is 2nd bail petition filed on behalf of petitioner, whereas earlier prayer for grant of regular bail was rejected by this Court through Cr. Misc. No. 61317 of 2021 dated 20.07.2022.

3. It is pointed out by learned counsel appearing on behalf of the petitioner that it was directed by this Court while disposing the aforesaid bail petition as to conclude the trial at the earliest, despite of that, matter is still pending for the trial.

4. A report was called for from the learned Trial Court vide order dated 28.06.2023 of this Court, which was submitted by learned Trial Court through letter no. 95 dated 14.07.2023, wherein it is clearly reported that out of five prosecution

Patna High Court CR. MISC. No.39139 of 2023(4) dt.26-07-2023 2/2 witnesses, three witnesses have already examined and the matter is pending for examination of Investigating Officer and Doctor of this case.

5. Having no fresh material to consider the prayer of bail, as same was rejected by considering all available merit through Cr. Misc. No. 61317 of 2021 dated 20.07.2022, except custody period, the prayer of bail of petitioner is rejected herewith, on second consideration also.

6. However, the Trial Court is directed to conclude the trial within three months after concluding examination of defence evidence, if any.

7. S.P., Banka is directed to ensure the presence of I.O and doctor, without fail, as and when directed by the learned Trial Court so as to conclude the trial within aforesaid time period as directed.

(Chandra Shekhar Jha, J) veena/- U