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Patna High CourtCR. MISC./22559/2016dismissed

Babulal Mukhiya @ Babu Mukhiya @ Babua v. The State Of Bihar

2016-07-27Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 22559 of 2016 Arising Out of PS.Case No. -36 Year- 1998 Thana -ALOULI District- KHAGARIA ====================================================== Babulal Mukhiya @ Babu Mukhiya @ Babua, son of Bindeshwari Mukhiya, resident of village Ratnaha, P.S. Aaloui District Khagaria .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s : Mrs. Anuradha Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

27-07-2016 Heard Sri Arvind Kumar Singh, learned counsel for the petitioner and learned Addl. Public Prosecutor. This is the 2nd attempt for grant of bail on behalf of petitioner. Earlier, by order dated 10-11-2015 passed in Cr. Misc. No. 50819 of 2015, the prayer for bail of the petitioner was rejected.

Learned counsel for the petitioner submits that petitioner is in custody since 12-08-2015. He further tried to persuade the Court to hear the case on merit. He again submitted that it is not a case under Section 307 of the Indian Penal Code. On this very ground, he has prayed for granting bail to the petitioner.

In this case, earlier a report was called for, which has

Patna High Court Cr.Misc. No.22559 of 2016 (3) dt.27-07-2016 2/2 been received and kept at flag 'A'. On going through the report, it is evident that out of nine witnesses, two witnesses have already been examined. Meaning thereby that trial is going on. In view of the fact that trial is going on, there is no reason to renew my earlier order.

The petition stands dismissed.

(Rakesh Kumar, J.) Anay U T