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Patna High CourtCR. MISC./42354/2021disposed

Amit Kumar Mahto @ Amit Ray v. The State Of Bihar

2021-11-24Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42354 of 2021 Arising Out of PS. Case No.-81 Year-2020 Thana- KHODAWANDPUR District- Begusarai ====================================================== AMIT KUMAR MAHTO @ AMIT RAY Son of Tarni Mahto Resident of Village - Matihani, P.S.- Khodawandpur, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandan Kumar Kashyap, Advocate For the Opposite Party/s :

Mr. Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-11-2021 Heard Mr. Chandan Kumar Kashyap, learned Advocate for the petitioner and Mr. Sadanand Paswan, learned APP for the State.

The prayer for bail of the petitioner was earlier rejected vide order dated 05.01.2021 passed in Cr. Appeal (SJ) No. 2161 of 2020.

The petitioner is in custody since 24.08.2020. This Court had called for a report about the stage of the case from the court below. It appears from the report that 4 out of 9 charge-sheeted witnesses have already been examined and efforts are being made by the trial court for appearance of other prosecution witnesses.

Regard being had to the nature of accusation against the petitioner, I am not inclined to grant bail to

Patna High Court CR. MISC. No.42354 of 2021(3) dt.24-11-2021 2/2 him for the present.

The prayer for bail is rejected.

However, if the trial is not concluded within the next nine months it would be open for the petitioner to approach the trial court and in that event the court below shall be under an obligation to indicate the reasons for the tardy progress of the trial.

The petition stands disposed off accordingly. (Ashutosh Kumar, J) krishna/- U T