Patna High CourtCR. MISC./48367/2016rejected

Brajesh Singh v. The State Of Bihar

2017-02-04Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48367 of 2016 Arising Out of PS.Case No. -108 Year- 2012 Thana -NAWINAGAR District- AURANGABAD ======================================================

1. Brajesh Singh S/o Kameshwar Singh, Resident of Village- Rajwaria Kala, P.S.- Nabinagar, District- Aurangabad (Bihar). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhashkar Shankar For the Opposite Party/s : Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-02-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The learned counsel for the petitioner wants to renew the prayer for bail of the petitioner which was earlier rejected by order dated 18.03.2013 and thereafter by order dated 15.04.2015 passed in Cr. Misc. Nos. 5149 of 2013 and 21407 of 2014 respectively on the ground that the trial has not been concluded as yet and out of twelve witnesses only nine witnesses have been examined and three witnesses are still to be examined and as such the petitioner deserves sympathetic consideration. The learned A.P.P. submits that the trial is in progress and it is likely to be concluded within four months which is evident from the report of the Additional Sessions Judge- 4th,

Patna High Court Cr.Misc. No.48367 of 2016 (4) dt.04-02-2017 2/2 Aurangabad.

In the facts and circumstances as stated above, considering that there is allegation against the petitioner that he brutally assaulted one of the deceased, at present I am not inclined to reconsider the prayer for bail of the petitioner and accordingly his such prayer stands rejected in connection with S.Tr. No. 22 of 2013/ 51 of 2013 arising out of Nabinagar P.S. Case No. 108 of 2012 pending in the court of the Additional Sessions Judge-IV, Aurangabad.

However, the learned trial court is directed to expedite the trial and to conclude the same on the priority basis. (Jitendra Mohan Sharma, J) Abhay/- U T