Jitendra Mishra @ Karu Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60939 of 2018 Arising Out of PS.Case No. -163 Year- 2014 Thana -PHULWARIA District- BEGUSARAI ====================================================== Jitendra Mishra @ Karu Mishra, S/o D.B. Mishra, R/o Village- Sokhara Tiwari Tola, P.S.- Phulwaria, P.O.- Barauni, District- Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Sinha, Advocate For the Opposite Party/s : Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 01-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in S.T. No.478 of 2016 arising out of Phulwaria P.S. Case No.163 of 2014 instituted for the offence under Section(s) 147, 148, 149, and 302 Indian Penal Code and Section 27 of the Arms Act pending in the Court of the FTC-I, Begusarai.

Prayer of the petitioner for bail was earlier rejected by this Court by order dated 02.05.2017 passed in Cr. Misc. No.17006 of 2017.

As per allegation in the written report, petitioner has fired on the son-in-law of the informant, which was misfired. Thereafter, he again fired, which hit on the temple of son-in-law

Patna High Court Cr.Misc. No.60939 of 2018 (3) dt.01-11-2018 2/2 of the informant. He subsequently died.

A report was called for from the Court below about present stage of the case, which has been received. The Trial Court has mentioned that trial is proceeding and three witnesses have already been examined in this case.

The petitioner is main assailant. Therefore, this Court is not inclined to enlarge the petitioner on bail. Prayer of the petitioner for grant of bail is, again, rejected.

Trial Court is directed to expedite the trial because petitioner is in custody since 16.07.2016 and make all endeavor to dispose of the case within a period of nine months from the date of receipt of copy of this order by giving short adjournment in the case.

It is made clear that in the event trial is not concluded within aforesaid period, petitioner will be entitled to renew the prayer for bail.

(Sanjay Priya, J) JA/- U T