Subhash Mahaseth v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45950 of 2021 Arising Out of PS. Case No.-28 Year-2015 Thana- MADHWAPUR District- Madhubani ====================================================== Subhash Mahaseth Son of Sri Shambhu Mahaseth Resident of Village - Pirokhar, P.S. - Madhwapur, District - Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Advocate For the Opposite Party/s :
Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-01-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. The petitioner's bail application was rejected the third time vide order dated 17.07.2019 passed in Cr. Misc. No. 31932 of 2019 with a liberty to the petitioner to renew his prayer for bail if the trial is not completed within nine months from the date of receipt of the order dated 17.07.2019, the order also recorded that one charge-sheet witness and two non-charge sheet witnesses were examined and prosecution was directed to cooperate in the trial.
The petitioner in terms of the liberty granted by order dated 17.07.2019 in Cr. Misc. No. 31932 of 2019 has renewed his prayer for bail, but the bail petition is completely silent with regard to the stage of trial, whether prosecution cooperated in
Patna High Court CR. MISC. No.45950 of 2021(2) dt.06-01-2022 2/2 trial or not, how many witnesses have been examined, how many else are left to be examined rather an innocuous and cryptic pleading has been made in paragraph '9' of the bail application stating that till date the trial has not completed. The Court for the present is not persuaded to grant bail to the petitioner. His prayer for bail is thus rejected, however, petitioner has the liberty to renew his prayer for bail after moving the learned court below.
(Satyavrat Verma, J) Rishi/- U T