Pathariya Sao @ Pathliya Sao @ Pathaliya Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36743 of 2020 Arising Out of PS. Case No.-28 Year-2018 Thana- MOKAMA RAIL P.S. District- Patna ====================================================== PATHARIYA SAO @ PATHLIYA SAO @ PATHALIYA GUPTA S/O LATE BILLO SAO @ BISHO SAO R/O VILLAGE SIMARIA BIND TOLI, P.S. - CHAKIA, DISTRICT- BEGUSARAI ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kishore Kunal For the Opposite Party/s :

Mr.Ajeet Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-02-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of regular bail in connection with Session Trial No. 483 of 2019 arises out of Patna GRP Mokama (Hathidah) Rail P.S. Case No. 28 of 2018 registered for the offences punishable under Sections 379 and 304 of the Indian Penal Code later converted into Sections 394 and 302 of the Indian Penal Code during investigation.

The petitioner's application for grant of regular bail was earlier rejected by this Court by an order dated 05.03.2020 passed in Cr. Misc. No. 70102 of 2019. The petitioner has renewed his prayer for bail by making this application.

Patna High Court CR. MISC. No.36743 of 2020(3) dt.24-02-2021 2/2 A report dated 25.01.2021, as called for from the Court below as regards up to date status of the trial has been submitted by learned Addl. District and Sessions Judge-XVI, which suggests that three out of seven charge sheet witnesses have been examined.

Considering the fact that the trial has progressed, I am not inclined to grant the petitioner privilege of regular bail for the present.

This application is accordingly dismissed.

The Court expects that the trial is concluded within six months from today. If it is not concluded within six months, the petitioner shall be at liberty to renew his prayer for bail. (Chakradhari Sharan Singh, J) AKASH/- U T