Jamun Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49250 of 2019 Arising Out of PS. Case No.-635 Year-2018 Thana- BIHTA District- Patna ====================================================== JAMUN THAKUR Son of Sri Chhotan Thakur Resident of Village - Machahalpur Lai, P.S.- Bihta, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarendra Kumar Pathak For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-08-2019 Heard the parties.

Earlier the prayer for bail of the petitioner was rejected by this Court, vide order dated 12.12.2018 passed in Cr. Misc. No.71701 of 2018 and there is allegation against the petitioner and other accused persons of assault by pidha. Submission of the learned counsel for the petitioner is that in this case almost six witnesses altogether have been examined and they have not supported the prosecution case and only I.O. and the Doctor have remained to be examined.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, this application is disposed of with direction to the petitioner to make such prayer before the

Patna High Court CR. MISC. No.49250 of 2019(2) dt.07-08-2019 2/2 learned trial court itself who will examine aforesaid submission that all the witnesses have been examined except the I.O. and the Doctor and they have not supported the prosecution case and considering the same, he will pass appropriate order without being prejudiced by the order rejecting the prayer for bail of the petitioner earlier.

With the aforesaid direction, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T