Bishwamitra Rajbanshi v. The State Of Bihar

Patna High Court Cr.Misc. No.994 of 2016 (2) dt.12-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.994 of 2016 Arising Out of PS.Case No. -30 Year- 2004 Thana -NIMCHAKBATHANI District- GAYA ======================================================

1. Bishwamitra Rajbanshi, Son of - Late Govind Rajbanshi, Resident of Village- Ajay Nagar, P.S.- Nimchak Bathani, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s Mr. Gajendra Pd. Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 12.01.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Alleged occurrence is said to have taken place in the year 2004 and petitioner was shown in the first information report as order giver but he could be remanded in this case on 19.11.2015 i.e. after nine years of the alleged occurrence and, therefore, considering the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail and accordingly, his prayer for bail in connection with Nimchak Bathani P.S. Case no. 30/2004 pending in the court of Chief Judicial Magistrate, Gaya stands rejected.

shahid (Hemant Kumar Srivastava,J) U T