Patna High CourtCR. MISC./44471/2014rejected

Raj Kumar v. The State Of Bihar

2014-12-24Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44471 of 2014 Arising Out of PS.Case No. -85 Year- 2013 Thana -AGAMKUAN District- PATNA ====================================================== Raj Kumar S/o Late Ram Lakhan Prasad Resident of Village - Chhoti Pahari, P.O. - Gulzarbagh, P.S. - Agamkuan, District - Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Kumar Singh For the Opposite Party/s : Mr. Dashrath Mehta(A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-12-2014 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is an accused in connection with Sessions Trial No. 102 of 2014 arising out of Agamkuan P.S. Case No. 85 of 2013 registered under Sections 302/201 of the Indian Penal Code pending in the Court of Addl. Sessions Judge-VI, Patnacity.

Learned counsel for the petitioner submits that petitioner, who happens to be son of the deceased, has falsely been implicated in this Case at the instance of the villager mere on suspicion and is in custody since 21.03.2013. The prayer of bail of the petitioner was earlier rejected vide order dated 22.04.2014 passed in Cr. Misc. No.

Patna High Court Cr.Misc. No.44471 of 2014 (3) dt.24-12-2014 35687 of 2013 by this Court on merit. The report, as received from the Court of Additional District and Sessions Judge-VI vide letter No. 247 dated 18.12.2014, reveals that after framing of the charge, only one witness has been examined on 07.11.2014. Under the aforesaid facts and circumstances of the case, I find no ground to reconsider the prayer for bail of the petitioner. Accordingly, the prayer for bail of the petitioner is rejected. However, trial Court is directed to conclude the trial within a period of six months from the date of receipt/production of a copy of this order. If the trial is not concluded within the aforesaid period, the petitioner shall be at liberty to renew his prayer for bail.

(Rajendra Kumar Mishra, J.) Shail/- U T