← Library
Patna High CourtCR. MISC./37648/2017rejected

Sushant Kumar Das @ Chhotan @ Susantu Kr. Das @ Sushan Kumar Das v. The State Of Bihar

2017-08-16Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37648 of 2017 Arising Out of PS.Case No. -154 Year- 2015 Thana -AJAMNAGAR District- KATIHAR ====================================================== Sushant kumar Das @ Chhotan @ Susanta kr. Das @ Sushan Kumar Das, Son of Late Vinay Kumar Das, R/o Village- Mukuria, P.S.- Azam Nagar, Distt.-Katihar.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. S. Narayan Sinha, Sr. Advocate Mrs. Mira Kumari, Advocate Mrs. Shalini Raut For the Opposite Party : Mr. Matloob Rab (APP-34) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-08-2017 Heard learned counsel for the petitioner and the learned counsel representing the State.

The petitioner wants to renew the prayer of bail which was earlier twice rejected vide order dated 11.04.2016 and 09.11.2016, passed in Cr. Misc. No. 6523 of 2016 and Cr. Misc. No. 47294 of 2016 respectively, on the ground that the petitioner is suffering in custody since 09.11.2015. Up till now eight prosecution witnesses have been examined and in near future the trial is not likely to be concluded and moreover this is not a case of under Section 302 of the I.P.C and it can be a case of under Section 304 part II of the I.P.C., to which the learned A.P.P. opposes by submitting that the petitioner is the assailant.

Patna High Court Cr.Misc. No.37648 of 2017 (2) dt.16-08-2017 2/2 In the facts and circumstances stated above, finding no good ground for reconsideration of prayer of the bail, again prayer of the bail of the petitioner stands rejected. However, the learned trail Court is directed to expedite the trial and conclude the same preferably within four months, from date of receipt/production of a copy of this order, after taking the same on priority basis, failing which if the petitioner at no fault, may be at liberty to renew his prayer for bail. (Jitendra Mohan Sharma, J.) Rajiv/- U T