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Patna High CourtCR. MISC./1981/2018rejected

Kanhayia Sharma @ Kanhaiya Sharma v. The State Of Bihar

2018-02-07Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1981 of 2018 Arising Out of PS. Case No.-755 Year-2014 Thana- KHAZANIHAT District- Purnia ====================================================== Kanhayia Sharma @ Kanhaiya Sharma, S/o Late Fand Lal Sharma, resident of vilalge- Dhobia Tola, P.S. K. Hat (Madhubank), District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Mallick, Advocate For the Opposite Party/s :

Mr. Mukeshwar Dayal (APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-02-2018 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 rejected vide order dated 09.03.2016 and 09.11.2016 passed in Cri. Misc. No. 647 of 2016 and Cr. Misc. 47154 of 2016, on the ground that the petitioner is suffering in custody since 27.11.2014, other co-accused have been allowed bail, in near future the trial is not likely to be concluded and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. opposes the prayer of bail by submitting that the petitioner was caught with firearm and from his possession mobile was recovered from which ransom was demanded and the petitioner is involved in six more cases and

Patna High Court Cr.Misc. No.1981 of 2018(3) dt.07-02-2018 2/2 the case of the petitioner is on different footing to that of other co-accused and further he has confessed his guilt. In the facts and circumstances stated above, finding no good ground for reconsideration of prayer of the bail of the petitioner at this stage, again prayer of the bail of the petitioner stands rejected in connection with Sessions Trail No. 50 of 2015, arising out of K. Hat P.S. Case No. 755 of 2014 pending in the court of learned Additional Sessions Judge-1st, Purnea.

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, 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