Patna High CourtCR. MISC./1023/2017rejected

Brij Kishore Mahto @ Braj Kishore Mahto v. The State Of Bihar

2017-01-18Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1023 of 2017 Arising Out of PS.Case No. -59 Year- 2014 Thana -AADAPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Brij Kishore Mahto @ Braj Kishore Mahto, S/O Late Indal Mahto, R/O Village - Pithwa, P.S. - Jharokhar, District - East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Sir Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-01-2017 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.

The petitioner seeks bail in connection with Adapur P.S. Case No. 59/2014, registered for the offences punishable under Sections 392, 302, 120B of the Indian Penal Code and 27 of the Arms Act.

The petitioner wants to renew his prayer of bail which was earlier rejected by order dated 23.11.2015 passed in Cr. Misc. No. 34799/2015 on the ground that the petitioner is suffering in custody since 04.09.2014 and the alleged recovery of robbed amount is not from the conscious possession of the petitioner and uptill now only four prosecution witnesses have been examined and in near future the trial is not likely to be concluded.

Patna High Court Cr.Misc. No.1023 of 2017 (2) dt.18-01-2017 2/2 Learned A.P.P. opposes the prayer of bail.

In the facts and circumstances stated above and considering that on the basis of confessional statement of the petitioner robbed amount i.e. Rs. 1,50,000/- was recovered and as such finding no ground for re-consideration of prayer of bail, again the prayer of bail of the petitioner stands rejected. However, the learned trial court is directed to expedite the trial and conclude the same within six months, failing which the petitioner, if at no fault, may be at liberty to renew his prayer for bail.

(Jitendra Mohan Sharma, J.) Rakhi U T