Md. Abbas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45487 of 2016 Arising Out of PS.Case No. -53 Year- 2013 Thana -KISHUNPUR District- SUPAUL ====================================================== Md. Abbas son of late Kailu Miyan resident of village - Simrahi, P.S. - Raghopur, District - Supaul.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mrs. Veena Kumari Jaiswal For the Opposite Party/s : Mr. Sri Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 23-11-2016 Heard Smt. Veena Kumari Jaiswal, learned counsel for the petitioner and Mr. M.K. Khare, learned Additional Public Prosecutor .

This is second attempt for grant of bail on behalf of the petitioner. Prayer for bail of the petitioner was rejected on merit on 15.12.2015 vide Cr. Misc. No. 54795 of 2015 keeping in view the fact that there was specific accusation against the petitioner. Besides this in view of statement made in paragraph no. 3 of the petition it is evident that petitioner is habitual offender and is accused in number of cases relating to serious offences . It was submitted by learned counsel for the petitioner that it is true that trial is going on but even after examining 10 prosecution witnesses nothing has been brought against the

Patna High Court Cr.Misc. No.45487 of 2016 (5) dt.23-11-2016 2/2 petitioner.

The court is of the opinion that appraisal of evidence in trial is to be done by the trial court not by this court at this stage. I do not find any ground to review my earlier order. The petition again stands rejected.

(Rakesh Kumar, J) Praful/- U T