Bholi Mahto And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58581 of 2015 Arising Out of PS.Case No. -248 Year- 2014 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. Bholi Mahto Son of Mahendra mahto

2. Madan Mahto Son of Late Narsingh Mahto Both Resident of village oriya P.s. and Distt Lakhisarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rabi Bhushan For the Opposite Party/s : Mr. Shailendra Kumar 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-06-2016 Heard both sides.

The petitioners seek bail in a case under Section 302/34 of the Indian Penal Code.

The prayer of petitioners for bail was earlier rejected by this court vide order dated 28.04.2015 passed in Cr. Misc. No. 5222 of 2015. The petitioners were earlier convicted and prayer for bail of similarly situated accused was rejected. The trial court has reported that out of 12 prosecution witnesses 6 have been examined and since the court was vacant, the trial could not proceed. Now the presiding officer has joined. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

Patna High Court Cr.Misc. No.58581 of 2015 (3) dt.29-06-2016 2/2 The learned court below is directed to expedite the trial and conclude the same within six months from the date of receipt/ production of a copy of this order.

(Prabhat Kumar Jha, J) BKS/- U T