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Patna High CourtCR. MISC./9674/2015rejected

Bablu Kumar v. The State Of Bihar

2015-04-15Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9674 of 2015 Arising Out of PS.Case No. -519 Year- 2013 Thana -WAJIRGANJ District- GAYA ====================================================== Bablu Kumar, Son of Chhotu Yadav, Resident of Village-Kharkhura Bhaluahi, Police Station-Delha, District-Gaya (Bihar). .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2, Advocate For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 3 15-04-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has renewed his prayer for bail in connection with Sessions Trial No. 428 of 2014/224 of 2014 arising out of Wazirganj P.S. Case No. 519 of 2013 initially registered for the offence punishable under Sections 395 and 397 of the Indian Penal Code but later on, Section 412 of the Indian Penal Code was also added.

The prayer for bail of the petitioner was earlier rejected by this Court on 21st July, 2014.

It has been contended that despite a clear direction

Patna High Court Cr.Misc. No.9674 of 2015 (3) dt.15-04-2015 2 / 2 having been given by this Court for expeditious trial till date, no witness has been examined on behalf of the prosecution in the court below.

Be that as it may, regard being had to the serious nature of allegation as discussed in my earlier order dated 21st July, 2014 as contained in Annexure-1 to this application, I am not inclined to grant bail to the petitioner for the present. Accordingly, the prayer for bail is rejected. The learned Additional Sessions Judge-5th, Gaya, before whom the session trial is pending, is directed to hold the trial of the case on day-to-day basis and conclude the same as early as possible, preferably within one year from today failing which the petitioner would be at liberty to renew his prayer for bail in the court below itself.

Sanjeet/- (Ashwani Kumar Singh, J.) U T