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Patna High CourtCR. MISC./11464/2016rejected

Sanjeev Kumar v. The State Of Bihar

2016-03-18Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11464 of 2016 Arising Out of PS.Case No. -143 Year- 2013 Thana -KHAJEKALA District- PATNA ====================================================== Sanjeev Kumar Son of Badri Narayan Prasad Resident of Mohalla - Pakki Gauraiya, Mahabir Asthan, P.S. - Khajekalan, District - Patna. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Sinha, Advocate For the Opposite Party/s : Mr. Gajendra Prasad Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 18-03-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has renewed his prayer for bail in connection with S. T. No. 1431 of 2013 arising out of Khajekalan P. S. Case No. 143 of 2013 registered under Section 376 of the Indian Penal Code.

It is contended that the petitioner is in custody since 4th July, 2013 and there is no substantial progress in the trial. The prayer for bail was earlier rejected by this Court vide order dated 19.03.2014 passed in Cr. Misc. No. 47798 of 2013. On the other hand, learned counsel for the State has contended that the trial is in progress and some of the witnesses have already been examined during trial and the

Patna High Court Cr.Misc. No.11464 of 2016 (2) dt.18-03-2016 2/2 prosecution is willing to produce its witnesses expeditiously. Regard being had to the reasons assigned in the aforesaid order dated 19.03.2014, I am not inclined to grant bail to the petitioner. Accordingly, his prayer for bail is rejected.

Since the petitioner is in custody for over three years, the learned 1st Additional Sessions Judge, Patna before whom the trial is said to be pending, is directed to expedite the trial and conclude the same as early as possible. (Ashwani Kumar Singh, J.) Kanchan/- U T