← Library
Patna High CourtCR. MISC./31605/2019dismissed

Chunnu Mahto v. The State Of Bihar

2019-06-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31605 of 2019 Arising Out of PS. Case No.-127 Year-2016 Thana- JAGDISHPUR District- Bhojpur ====================================================== CHUNNU MAHTO Son of Shivraj Singh Resident of Village - Purab Muhalah Jagdishpur, P.S.- Jagdishpur, Distt - Bhojpur (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar Singh For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-06-2019 Earlier the prayer for bail of the petitioner was dismissed vide order dated 11.09.2017 passed in Cr. Misc. No. 41818 of 2017 as well as vide order dated 03.10.2017 passed in Cr. Misc. No. 61214.

Allegation against the petitioner and one co-accused is of firing on the deceased causing his death. Submission of learned counsel for the petitioner is that he has been in judicial custody 10.01.2017 and uptil now even the charge has not been framed and there is no likelihood of conclusion of trial in near future.

Learned counsel for the State opposed the prayer for bail and submitted that petitioner is one of the assailants and since co-accused of this case is absconding, the charge has not been framed.

Patna High Court CR. MISC. No.31605 of 2019(2) dt.20-06-2019 2/2 Having heard both sides, considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. However, since the petitioner has been in custody since long, the learned Trial Court is directed to look into the matter and expedite the framing of charge even by separating the trial of this petitioner and conclude the trial as early as possible.

This application is accordingly dismissed.

(Vinod Kumar Sinha, J) sunilkumar/- U T