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Patna High CourtCR. MISC./76801/2018dismissed

Surendra Bhagat v. The State Of Bihar

2019-02-07Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76801 of 2018 Arising Out of PS. Case No.-301 Year-2016 Thana- BIDUPUR District- Vaishali ====================================================== Surendra Bhagat, S/o Shree Jitu Bhagat Resident of Village-Kutubpur Dighra,P.S. Bidupur, Distt.-Vaishali at Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. D.K.Sinha, Sr. Advocate.

Mr.Abhinay Raj, Advocate.

For the Opposite Party/s :

Mr. Anil Kumar, APP Mr. Javed Aslam, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-02-2019 The petitioner seeks bail in connection with S.T.No. 138 of 2017 arising out of Bidupur P.S.Case No. 301 of 2016 registered under Sections 147,148,149,302,307,323,324,341 and 120B of the Indian Penal Code and 27 of the Arms Act. Earlier prayer for bail of the petitioner was twice rejected vide order dated 01.08.2017 and 09.05.2018 passed in Cr. Misc. No. 26363 of 2018. This is a case of double murder and allegation of firing is also against the petitioner. Submission of learned counsel for the petitioner is that petitioner is in custody for more than two years and up till now trial has not concluded.

Heard learned A.P.P as well as learned counsel for the informant who have submitted that in this case all the charge

Patna High Court Cr.Misc. No.76801 of 2018(4) dt.07-02-2019 2/2 sheeted witnesses have been examined as the the court is vacant no substantive progress has been made. In such view of the matter, I am not inclined to grant privilege of bail to petitioner. However, Incharge Sessions Judge, Vaishali is directed that as being Incharge, he be also proceed with the trial as per letter of this Court and conduct it on regular basis so that trial may be concluded within a period of nine months .

(Vinod Kumar Sinha, J) sujit/- U T