Awadh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54572 of 2016 Arising Out of PS.Case No. -9 Year- 2015 Thana -KAHAIYA District- MUZAFFARPUR ======================================================

1. Awadh Mahto S/o Bigu Mahto R/o Village- Rampur Bheriyahi P.S.- Kathaiya, District-Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Awadhesh Kumar For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-02-2017 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 18.01.2016 passed in Cr. Misc. No. 48246 of 2015 on the ground that the trial has not been concluded within nine months and up till now out of 18 prosecution witnesses only five witnesses have been examined and as such in near future the trial is not likely to be concluded. The learned A.P.P. opposes prayer for bail by submitting that against the petitioner there is allegation of assaulting the deceased with Dab on his neck and he is one of the assailants.

In the facts and circumstances as stated above, finding

Patna High Court Cr.Misc. No.54572 of 2016 (3) dt.08-02-2017 2/2 no good ground for reconsideration of prayer for bail of the petitioner, again prayer for bail of the petitioner stands rejected in connection with Sessions Trial No. 37 of 2016 arising out of Kathaiya P.S. Case No. 09 of 2015 pending in the court of 12th Additional Sessions Judge, Muzaffaarpur.

However, the learned trial court is again directed to expedite the trial and to conclude the same preferably within a period of four months after keeping the same on the priority basis. (Jitendra Mohan Sharma, J) Abhay/- U T