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Patna High CourtCR. MISC./11809/2015dismissed

Arun Jha v. The State Of Bihar

2015-06-30Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11809 of 2015 Arising out of PS.Case No. -42 Year- 1996 Thana -KURSELA District- KATIHAR ====================================================== Arun Jha, S/o- Late Muktinath Jha, R/o- Katareah, P.s.- Kursela, DistrictKatihar. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjeev Kumar Singh, Advocate. For the Opposite Party : Mr. Narendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-06-2015 Heard both sides.

The petitioner seeks bail in a case under Section 302/34 of the I.P.C.

The informant made allegation that Birendra Jha @ Birba fired on his son Jyotindra Jha. Thereafter, Pran Singh also fired on his son Jyotindra Jha. The petitioner is alleged to have fired at the informant and his another son but the firing did not hit on them.

It is submitted that two other accused persons have been acquitted. The petitioner is in jail since 26.04.2014. It appears that the petitioner was absconding for more than 15 years. He surrendered in the court below only on 26.04.2014. Although the case was committed to the Court of Sessions in the year 1998.

Patna High Court Cr.Misc. No.11809 of 2015 (4) dt.30-06-2015 2 / 2 Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail at this stage. Accordingly, the same is rejected in Kursela P.S. Case No. 42 of 1996 (G.R. No. 1807 of 1996), pending in the court of the learned J.M. Ist Class, Katihar. The Trial Court is directed to expedite the trial and conclude the same within six months from the date of receipt of this order. If the trial is not concluded within stipulated period, the petitioner may renew his prayer for bail.

U.K./- (Prabhat Kumar Jha, J) U T