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Patna High CourtCR. MISC./53876/2015rejected

Mochhu Malakar v. The State Of Bihar

2016-01-27Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53876 of 2015 Arising Out of PS.Case No. -261 Year- 2014 Thana -NAWADA District- NAWADA ======================================================

1. Mochhu Malakar Son of Yugal Malakar resident of Mohalla- Kalali Road, Nawadah, P.S. Nawadah, District- Nawadah. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeev Kumar For the Opposite Party/s : Mr. Ganesh Pd. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 27-01-2016 Heard the parties.

The learned trial court has sought six months time from the date of framing of the charge to conclude the trial of the petitioner. It appears from the report of the learned 1st Additional Sessions Judge, Nawada that up till now charge could not be framed though learned counsel for the petitioner points out that charge has already been framed.

Regard being had to the facts and circumstances as well as submission of the parties, I am not inclined to release the petitioner on bail at least, at this stage and hence, his prayer for bail in connection with Session trial no. 315 of 2014, arising out of Nawada Town P.S.Case No. 261 of 2014, pending in the court of 1st Additional Sessions Judge, Nawada is again rejected.

Patna High Court Cr.Misc. No.53876 of 2015 (3) dt.27-01-2016 2/2 However, petitioner may renew his prayer for bail before the trial court itself after six months from the date of framing of the charge, if his trial is not concluded within the above stated period.

(Hemant Kumar Srivastava, J) N.K/- U T