Patna High CourtCR. MISC./50731/2018disposed

Jasbant Khaira @ Jaswant Khaira @ Yumant Kumar Bhugta v. The State Of Bihar

2019-10-18Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50731 of 2018 Arising Out of PS. Case No.-1 Year-2017 Thana- SIMULTALLA District- Jamui ====================================================== JASBANT KHAIRA @ JASWANT KHAIRA @ YUMANT KUMAR BHUGTA Son of Late Lakhan Khaira @ Lakhan Bhugta, Resident of VillageBangama, P.S. Belhar, District Banka. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar, Advocate For the Opposite Party/s :

Mr.Sri Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-10-2019 Heard learned counsel for the petitioner and learned APP representing the State.

Earlier prayer for bail of the petitioner has been rejected vide order dated 05.02.2018 passed in Cr. Misc. No. 4977 of 2018 in connection with Simultalla P.S. Case No. 01 of 2017.

Learned counsel for the petitioner submits that out of 12 chargesheet witnesses, 7 have deposed till now before the trial court, however, those witnesses have not implicated this petitioner.

Learned counsel for the State submits that at this stage when the trial is likely to be concluded very soon, only five witnesses have remained to be examined, if the petitioner is released, in the nature of the case, there is every probability that

Patna High Court CR. MISC. No.50731 of 2018(10) dt.18-10-2019 2/2 the witnesses may be threatened and the trial of the case may affect.

Considering the facts and circumstances of the case, this Court is of the opinion that since 7 witnesses have already been examined in the trial and the trial is at fag end, there are possibilities that if the petitioner is released on bail then witnesses may be threatened as the petitioner has also got criminal antecedent, it would not be just and proper to release the petitioner on bail.

The trial court is directed to conclude the trial within next three months. The prosecution shall produce all the witnesses without seeking any further adjournment. This application stands disposed of with the aforesaid observations and directions.

(Rajeev Ranjan Prasad, J) avin/- U T