Patna High CourtCR. MISC./10830/2016dismissed

Achhelal Das @ Achche Das v. The State Of Bihar

2016-04-07Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10830 of 2016 Arising Out of PS.Case No. -811 Year- 2013 Thana -SITAMARHI District- SITAMARHI ======================================================

1. Achhelal Das @ Achche Das S/o Bikau Das resident of village - Pamra, P.S. Sitamarhi, District - Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Kumar For the Opposite Party/s : Mr. Raj Ballabh Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-04-2016 Heard learned counsels for the petitioner and the State. The petitioner has renewed his prayer for bail in a case registered for the offences punishable under Sections 147,148,149,323,324,307,302 and 504 of the Indian Penal Code. The matter has been placed in view of the administrative order of Hon'ble the Acting Chief Justice dated 8.3.2016 at Flag - A since the co-ordinate bench which has earlier rejected the prayer for bail of the petitioner vide Cr. Misc. No. 8179 of 2015 is not available due to medical exigencies.

There is specific accusation against the petitioner that he assaulted Dinesh Das with spear on his testicles who subsequently succumbed to the injuries.

A report was called for from the court of the learned

Patna High Court Cr.Misc. No.10830 of 2016 (3) dt.07-04-2016 2/2 Additional Sessions Judge III, Sitamarhi. The report dated 21.3.2016 reflects that the prosecution evidence has been closed and the trial is likely to be concluded within six months. In above view of the matter, this court is not inclined to grant bail to the petitioner in connection with Sitamarhi P.S. Case No. 811 of 2013 (S.T. No. 323 of 2014) pending in the court of learned ADJ III, Sitamarhi.

This application is, accordingly, dismissed.

However, the petitioner will be at liberty to renew his prayer for bail if the trial is not concluded within six months. (Dinesh Kumar Singh, J) Anil/- U T