Patna High CourtCR. MISC./4970/2017rejected

Radhe Shyam Chouhan v. The State Of Bihar

2017-07-05Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4970 of 2017 Arising Out of PS.Case No. -42 Year- 2015 Thana -CHAND District- BHABHUA (KAIMUR) ====================================================== Radhe Shyam Chouhan, Son of Dulare Chouhan, Resident of VillageNaudiha, (Jagdishpur), P.S. Chand, District- Kaimur at Bhabhua. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 05-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Sessions Trial No.06 of 2016, arising out of Chand P.S. Case No.42 of 2015 (G.R. No.1354 of 2015), registered under Sections 304(B)/34 of the Indian Penal Code.

Earlier, the prayer of the petitioner for grant of bail was rejected twice by this Court vide order dated 04.02.2016 passed in Criminal Misc. No.50807 of 2015 and order dated 10.08.2016 passed in Criminal Misc. No.33800 of 2016 on merit. Learned counsel appearing on behalf of the petitioner submits that the petitioner is in custody since 28.07.2015. Further

Patna High Court Cr.Misc. No.4970 of 2017 (3) dt.05-07-2017 2/2 submission is that while the charge was framed in the case on 10.03.2016 but uptil now, no prosecution witness has been examined.

I find no fresh ground to reconsider the prayer of the petitioner for grant of bail. Accordingly, the prayer of the petitioner for grant of bail is again rejected. However, the learned Additional Sessions Judge-IV, Kaimur at Bhabhua, is directed to conclude the trial of the petitioner as early as possible, preferably, within one year from the date of receipt/production of a copy of this order even by taking all effective steps for production of the prosecution witnesses.

(Rajendra Kumar Mishra, J) P.S./- U T