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Patna High CourtCR. MISC./39295/2022dismissed

Maharana Pratap Ray @ Maharana Pratap Yadav v. The State Of Bihar

2023-01-04Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39295 of 2022 Arising Out of PS. Case No.-3 Year-2017 Thana- RAJEPUR District- East Champaran ====================================================== MAHARANA PRATAP RAY @ MAHARANA PRATAP YADAV Son of Late Paldhari Rai Resident of village- Fajipur, PS- Rajepur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bal Govind Sharma, Advocate For the Opposite Party/s :

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-01-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The present petition is by way of fourth attempt at the behest of the petitioner for grant of bail in connection with Rajepur P.S. Case No. 03 of 2017 registered for the offence punishable under Sections 147, 148, 149, 447, 504, 341, 323, 324, 307, 326 and 386 of the Indian Penal Code and Section 27 of the Arms Act inasmuch as all the earlier bail petitions filed by the petitioner have stood rejected.

The allegation is regarding the accused persons including the petitioner herein having

Patna High Court CR. MISC. No.39295 of 2022(3) dt.04-01-2023 2/3 assaulted and inflicted gun shot injury on the deceased resulting in his death.

The learned counsel for the petitioner has submitted that the petitioner is languishing in custody since 08.11.2017, hence some sympathy be shown towards the petitioner.

This Court had called for a report with regard to the present stage of the trial and the time likely to be consumed for conclusion of the trial, in pursuance whereof the 14th Additional District & Sessions Judge, East Champaran, Motihari has furnished a report dated 23.11.2022, wherein it has been stated that out of nine prosecution witnesses, seven have already been examined and the trial is likely to be concluded shortly.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the aforesaid facts and circumstances of the case as also considering the fact that there is no change in circumstance so as to warrant reconsideration of the prayer of the

Patna High Court CR. MISC. No.39295 of 2022(3) dt.04-01-2023 3/3 petitioner for grant of bail, I do not find any merit in the present petition, hence the same stands dismissed.

(Mohit Kumar Shah, J) S.Sb/SauravU T