Raj Kishore Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43097 of 2015 Arising Out of PS.Case No. -27 Year- 2012 Thana -BARURAJ District- MUZAFFARPUR ====================================================== Raj Kishore Dubey, S/o Late Vishwanath Dubey, R/o Village- Bishunpur Haril, P.S.- Baruraj, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Satyendra Kumar Srivastava For the Opposite Party/s : Mr. Narsingh Tanti(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 07-10-2015 Heard counsel for the petitioner and Mr. Narsingh Tanti learned APP for the State.

This is repeat application filed by the petitioner for bail in Baruraj P.S. Case No. 27 of 2012 registered under section 302/34 IPC. Having found that he was the main assailant his prayer for bail was rejected by order dated 25.09.2014 (Annexure-1) observing that if the trial does not record satisfactory progress within 10 months he shall have liberty to renew his prayer for bail. Counsel for the petitioner referring to impugned order passed by the learned trial court submits that only one prosecution witnesses till date has been examined. The petitioner is in custody since 01.12.2013.

Having regard to the facts and circumstances of the case, I

Patna High Court Cr.Misc. No.43097 of 2015 (2) dt.07-10-2015 2/2 am not inclined to release the petitioner on bail. His prayer for bail is rejected. If the prosecution fails to examine all prosecution witnesses within 07 months from the date of receipt/production of a copy of this order, the petitioner shall have liberty to renew his prayer for bail.

(Kishore Kumar Mandal, J) HR/- U