Jitendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38487 of 2020 Arising Out of PS. Case No.-133 Year-2018 Thana- MAINATAND District- West Champaran ====================================================== JITENDRA SAH SON OF SHAMBHU SAH, RESIDENT OF VILLAGEMAINATARD, POLICE STATION- MAINATARD, DISTRICT- WEST CHAMPARAN.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-02-2021 Heard both sides.

Petitioner seeks bail in Mainatand P.S. Case No.133 of 2018 registered under Sections 304(B) and 34 of the IPC corresponding to Sessions Trial No.274 of 2019. The prayer for bail of the petitioner was earlier rejected by order dated 04.12.2019 passed in Cr.Misc.No.57613 of 2019 but the petitioner again moved for bail because the trial has not been concluded as yet. A report was called for and the learned Additional Sessions Judge IV, Bettiah, West Champaran reported that five prosecution witnesses out of ten have been examined.

Learned counsel for the petitioner submits that five prosecution witnesses including the informant have been

Patna High Court CR. MISC. No.38487 of 2020(3) dt.10-02-2021 2/2 examined and all the witnesses have turned hostile. Taking into consideration the fact that the trial is at the fag end, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

The trial court is directed to hold the trial on day to day basis and conclude the same within three months from the date of receipt of this order.

(Prabhat Kumar Jha, J) Harish/- U T