Girja Choudhary v. The State Of Bihar

Patna High Court Cr.Misc. No.13151 of 2017 (2) dt.22-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13151 of 2017 Arising Out of PS.Case No. -357 Year- 2015 Thana -WAJIRGANJ District- GAYA ====================================================== Girja Choudhary, Son of Late Jago Chaudhary @ Late Jamahir Choudhary, resident of Village- Pranpur, P.S.- Wazirganj, District- Gaya. .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew his prayer of bail, which was earlier rejected vide order dated 05.05.2016 passed in Cr. Misc. No. 12714 of 2016, on the ground that the petitioner is in custody since 20.08.2015, he is an old man having no criminal antecedent, there is no eye witness regarding actual killing of the deceased and as such the petitioner deserves sympathetic consideration.

Learned APP opposes the prayer of bail by submitting that the deceased was killed in the house of the petitioner as on that date the husband and son of the deceased were at the house of the informant, post mortem report also confirms the prosecution version and further no witness has come forward to say that in the

Patna High Court Cr.Misc. No.13151 of 2017 (2) dt.22-03-2017 house of the petitioner theft was committed or any alarm was raised regarding theft.

In the facts and circumstances stated above, finding no good ground for reconsideration of prayer for bail of the petitioner, again his prayer for bail stands rejected. However, considering the period of detention, the trial court is directed to expedite the trial and conclude the same as early as possible, preferably within four months from the date of receipt/production of a copy of this order, 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