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Patna High CourtCR. MISC./16702/2017rejected

Satendra Uraon @ Satyendra Uraon v. The State Of Bihar

2017-06-28Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16702 of 2017 Arising Out of PS.Case No. -38 Year- 2014 Thana -SIMRA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Satendra Uraon @ Satyendra Uraon, son of Shri Prabhu Uraon, resident of Village- Kataha Belahawa, Police Station- Semara (Chiutaha), DistrictWest Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Binod Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-06-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner wants to renew his prayer for bail which was earlier rejected by order dated 03.05.2016 passed in Cr. Misc. No. 6571 of 2015, on the ground that the petitioner is suffering in custody since 05.06.2014 having no criminal antecedent, there is no eye witness of the actual killing and only on the basis of the confessional statement the petitioner is suffering in custody. There was direction to conclude the trial within nine months, but the trial has not been concluded and as such the petitioner deserves sympathetic consideration. The learned A.P.P. submits that all the charge sheeted

Patna High Court Cr.Misc. No.16702 of 2017 (3) dt.28-06-2017 2/2 prosecution witnesses have been examined and the prosecution has filed petition under section 311 of the Cr.P.C to examine Pradeep Kumar Singh which has been allowed and as such the trial is likely to be concluded.

In the facts and circumstances as stated above, finding no good ground for reconsideration of prayer for bail at this stage, again prayer for bail of the petitioner stands rejected in connection with Sessions Trial No. 709 of 2014 arising out of Semra (Chiutaha) P.S. Case No. 38 of 2014 pending in the court of 2nd Additonal Sessions Judge, Bagaha, District- West Champaran. However, the learned trial Judge is again directed to conclude the trial preferably within a period of four months after taking the same on the priority basis, failing which the petitioner, if at no fault, may be at liberty to renew his prayer for bail. (Jitendra Mohan Sharma, J) Abhay/- U T