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Patna High CourtCR. MISC./29938/2016rejected

Nanhu Thakur @ Nandu Thakur v. The State Of Bihar

2016-11-16Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29938 of 2016 Arising Out of PS.Case No. -42 Year- 2014 Thana -KARAI PARSURAI District- NALANDA (BIHARSHARIFF) ====================================================== Nanhu Thakur @ Nandu Thakur son of Late Kesho Thakur, resident of village- Chandkura, Police Station- Karai Parsurai, District- Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uma Shankar Sharma, Advocate Mr.Shivendra Prasad, Advocate For the Opposite Party/s : Mr. Anant Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 16-11-2016 Heard.

In compliance of the order dated 19.10.2016, a report dated 29th October, 2016 kept at Flag 'B' has been submitted by the learned trial court to the effect that the conclusion of the trial of the petitioner is delayed on account of non-cooperation of the defence. It has further been stated that altogether eight prosecution witnesses have already been examined and only doctor is yet to be examined.

The prayer for bail of the petitioner was earlier rejected by order dated 27.05.2015 passed in Cr.Misc.No. 12787 of 2015 on the ground that he is alleged to be the killer of the deceased.

Taking into consideration the nature of allegation against the petitioner and also taking into consideration the report of the learned trial court that the trial of the petitioner is at the verge of conclusion, this Court is not inclined to accede to the prayer made on behalf of the petitioner for grant of bail to him at this stage. Accordingly, his prayer for bail in connection with

Patna High Court Cr.Misc. No.29938 of 2016 (5) dt.16-11-2016 2/2 Karai Parsurai P.S.Case No. 42 of 2014 pending in the court of learned Additional Sessions Judge I-cum-Special Judge, Nalanda at Biharsharif is rejected once again.

However, the learned trial court is directed to expedite the trial of the petitioner and make all endeavour to conclude the same within a period of three months from the date of receipt/production of a copy of this order.

The present applications stands dismissed with the observations and directions made above.

(Birendra Prasad Verma, J) Tahir/- U T