Guddu Kumar @ Guddu Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.50363 of 2017 (02) dt.18-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50363 of 2017 Arising Out of PS.Case No. -25 Year- 2016 Thana -SIWAN MUFFASIL District- SIWAN ====================================================== Guddu Kumar @ Guddu Singh, son of Binda Singh, resident of village Nawada Rajokhar, P.S. Gopalganj, District-Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raghav Prasad-Advocate For the Opposite Party/s : Mr. Iftekhar Mahmood-A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

At an earlier occasion, prayer for bail having been made on behalf of petitioner was rejected vide order dated 02.02.2017 in connection with Cr. Misc. No.44376 of 2016, giving a liberty to renew after examination of Harendra Singh, who had named the petitioner.

It has been submitted on behalf of petitioner that Harendra Singh has not been examined. It has also been submitted that petitioner remained under confinement for one and half year. It has also been submitted that it happens to be a case of no evidence.

On the other hand, learned Additional Public Prosecutor opposed the prayer and undertakes that remaining

Patna High Court Cr.Misc. No.50363 of 2017 (02) dt.18-10-2017 witnesses will be produced without any delay. In the aforesaid facts and circumstances of the case, in the background of the nature of the allegation, there happens to be no question of reconsideration, whereupon prayer for bail is rejected. Learned trial Court will endeavour to procure the attendance of remaining witnesses including Harendra Singh at an earliest and if the trial is not concluded within six months from the date of receipt of the order, then in that event, the learned lower Court will entertain the prayer of the bail, if so made on behalf of the petitioner.

(Aditya Kumar Trivedi, J) Vikash/- U T