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Patna High CourtCR. MISC./5122/2017rejected

Umesh Paswan v. The State Of Bihar

2017-02-15Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.5122 of 2017 (2) dt.15-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5122 of 2017 Arising Out of PS.Case No. -100 Year- 2011 Thana -RAJIVNAGAR District- PATNA ====================================================== Umesh Paswan, S/o Late Adalat Paswan, Resident of Village- Mahuar, P.S.- Bihta, District- Patna. A/p Resident of Mohalla- Rajeev Nagar Road No.1, P.S.- Rajeev Nagar, District- Patna.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Dhirendra Kumar Sinha For the Opposite Party/s : Mr. Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew his prayer of bail, which was earlier twice rejected vide order dated 04.02.2015 and 05.04.2016 passed in Cr. Misc. No. 43685 of 2014 and 5559 of 2016 respectively, on the ground that the petitioner is suffering in custody since 22.03.2014 and in near future the trial is not likely to be concluded as the case is pending for prosecution evidence and no prosecution witness has been examined up-till now. Learned APP opposes the prayer of bail by submitting that the petitioner is one of the assailants of the mother of the informant.

In the facts and circumstances stated above, at present, finding no good ground for reconsideration of prayer for bail of

Patna High Court Cr.Misc. No.5122 of 2017 (2) dt.15-02-2017 the petitioner, again his prayer for bail stands rejected. However, considering the period of detention of the petitioner, let the trial be expedited and concluded as early as possible, preferably within four months from the date of receipt/production of a copy of this order by taking all the positive steps for securing the attendance of prosecution witnesses, failing which the petitioner, if at no fault, may be at liberty to renew his prayer of bail.

(Jitendra Mohan Sharma, J) avin/- U T