Bigan Patel @ Vigan Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40638 of 2019 Arising Out of PS. Case No.-384 Year-2017 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Bigan Patel @ Vigan Patel Son of Nagendra Patel @ Nagendra Raut Resident of Village-Mishraulia, P.S-Chiraiya, District-East Champaran ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Vijay Shankar Shrivastava, Advocate For the Opposite Party :

Mr.Aditya Nr Singh.1, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-10-2019 Heard learned counsel for the parties.

Earlier prayer for regular bail of the petitioner, in a case registered for offence under section 304B/34 of the Indian Penal Code, was rejected by this Court vide order dated 16.5.2018, passed in Cr.Mis.No. 30249 of 2018. It is submitted on behalf of the petitioner that the petitioner has falsely been implicated in this case as the deceased died of illness and the petitioner is in custody since 22.7.2017.

Report of the learned Additional Sessions Judge I cum Special Judge, East Champaran at Motihari dated 6.7.2019 reveals that trial is pending for production of prosecution evidence as three out of six witnesses have already been examined and for ensuring presence of rest witnesses process of summons have been issued.

Patna High Court CR. MISC. No.40638 of 2019(5) dt.22-10-2019 2/2 Keeping in view the nature of allegation as well as the report of the trial court, petitioner's prayer for bail is rejected. Let the trial be concluded within six months from the date of receipt/production of a copy of this order, failing which the petitioner will have the liberty to move this Court for grant of bail.

(Prabhat Kumar Singh, J) Shashi U T