Patna High CourtCR. MISC./7856/2015rejected

Ram Janam Dharhi v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7856 of 2015 Arising Out of PS.Case No. -2 Year- 2011 Thana -BIND District- NALANDA (BIHARSHARIFF) ====================================================== Ram Janam Dharhi, S/o Late Bisheshwar Dharhi, Resident of VillageManachak, P.S.- Sarmera, District-Nalanda. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Satya Prakash, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Singh, 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. 390 of 2011 arising out of Bind P.S. Case No. 02 of 2011 registered under Sections 302 of the Indian Penal Code and 27 of the Arms Act. His prayer for bail was earlier rejected by this Court vide order dated 5th June, 2014.

It has been contended that though seven witnesses have already been examined in the case but since last one year no witness has turned up on behalf of the prosecution and the

Patna High Court Cr.Misc. No.7856 of 2015 (3) dt.15-04-2015 2 / 2 petitioner is languishing in jail since 3.2.2011. I have perused the explanation submitted by the learned 5th Additional Sessions Judge, Biharsharif, Nalanda in respect of delay caused in concluding the trial. Regard being had to the fact that the petitioner is the main assailant, I am not inclined to grant him bail for the present. Accordingly, the prayer for bail is rejected. The Court below is directed to conclude the trial as early as possible, preferably within nine months from the date of receipt/production of a copy of the order failing which the petitioner would be at liberty to renew his prayer for bail in the court below itself.

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