Patna High CourtCR. MISC./37740/2017rejected

Balmukund Kumar v. The State Of Bihar

2017-10-04Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37740 of 2017 Arising Out of PS.Case No. -293 Year- 2015 Thana -BARAUNI District- BEGUSARAI ====================================================== Balmukund Kumar Son of Deepak Kumar Singh @ Deepak Singh @ Deepak Kumar, R/o Village- Keel, Garhara, P.S.- Barauni, DistrictBegusarai. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sandip Kumar Gautam, Advocate For the O.P. No. 2 : Mr. Subhash Pandey, Advocate For the State : Mr. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-10-2017 Heard the learned counsel for the petitioner, the learned A.P.P. for the State as also the learned counsel for the Informant.

The petitioner wants to renew his prayer for bail which was earlier rejected by order dated 17.03.2016 passed in Cr. Misc. No. 3605 of 2016, on the ground that the petitioner is in custody since 14.08.2015, up till now the trial has not been concluded though there was direction to expedite the trial, there is no eye witness of the occurrence and during investigation the witnesses who have been examined are hear say witnesses, the FIR has been lodged after delay and as such the petitioner deserves sympathetic consideration.

Patna High Court Cr.Misc. No.37740 of 2017 (3) dt.04-10-2017 2/2 The learned A.P.P. duly assisted by the learned counsel for the informant opposes prayer for bail of the petitioner by submitting that the injured Sunil Rai before his death stated to Rajesh Kumar Rai that the petitioner and Kanhaiya were the assailants.

In the facts and circumstances stated above, finding no good ground for reconsideration of prayer for bail, again prayer for bail of the petitioner stands rejected in connection with Sessions Trial No. 57 of 2016 arising out of Barauni P.S. Case No.293 of 2015 pending in the court of the Additional Sessions Judge-V, Begusarai.

However, considering detention of the petitioner, the trial court is again directed to conclude the trial as early as possible preferably within a period of four months. (Jitendra Mohan Sharma, J) Abhay/- U T