Patna High CourtCR. MISC./45827/2019dismissed

Mogal Khairwar v. The State Of Bihar

2019-08-28Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45827 of 2019 Arising Out of PS. Case No.-148 Year-2011 Thana- KHAIRA District- Jamui ====================================================== Mogal Khairwar, S/o Karu Khairwar, R/o village- Bhalni, P.S.- Khaira, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kartik Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-08-2019 Petitioner seeks bail in connection with Khaira P.S. Case No. 148 of 2011, for the offences under Sections 147, 148, 149, 341, 323, 324, 337, 504, 307 and 302 of IPC. Earlier prayer for bail of the petitioner was rejected thrice by this Court, vide order dated 13.09.2017 passed in Criminal Misc. No. 40113 of 2017, vide order dated 17.05.2018, passed in Criminal Misc. No. 30350 of 2018 and vide order dated 23.01.2019 passed in Criminal Misc. No. 79239 of 2018. Allegation against the petitioner is of assault to the informant and his brother, causing death of the brother of informant.

Submission of learned counsel for the petitioner is that he is in custody since 22.2.2017 and up till now the trial has not been concluded.

Heard learned APP also.

Patna High Court CR. MISC. No.45827 of 2019(3) dt.28-08-2019 2/2 Having heard both sides and perused the report submitted by the learned trial court, from which, it appears that all the prosecution witnesses have been examined, except the I.O. in this case, for which, process has already been issued on 18.06.2019. He has also assured that there is likelihood of evidence of trial within six months, as such, I am not inclined to grant privilege of bail to the petitioner.

However the learned Trial Court is directed to conclude the trial as soon as possible and at the same time, S.P. is also directed to produce the I.O. in this case on the next date fixed, so that, the trial may be concluded.

With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T