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Patna High CourtCR. MISC./48599/2016dismissed

Mukesh Kumar v. The State Of Bihar

2017-04-19Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48599 of 2016 Arising Out of PS.Case No. -185 Year- 2014 Thana -AGAMKUAN District- PATNA ====================================================== Mukesh Kumar, Son of Sudhir Prasad, R/o Mohalla - New Jaganpura, Manish Colony P.S. Ramkrishna Nagar, District - Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajendra Prasad Singh Mr. Ritesh Prasad.

Mr. Sanjay Kumar @ Manu For the Opposite Party/s : Mr. Sri Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-04-2017 The petitioner is in custody since 29.05.2014 in connection with Agamkuan P.S. Case No. 185 of 2014, registered for offences punishable under Sections 399, 402, 120(B)/34 Indian Penal Code and 25(1-B), A, 26/35 of Arms Act and Section 20/22 of NDPS Act.

It has been submitted on behalf of the petitioner that earlier petitioner's application for regular bail was thrice rejected by this Court and this is the fourth time the petitioner has moved this court for grant of regular bail on the ground that other coaccused has already been granted bail by this Court and the case of the petitioner stands on a better footing than that of the accused person.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.48599 of 2016 (8) dt.19-04-2017 2/2 Having heard both sides, from perusal of the records, it appears that earlier the petitioner's application for grant of regular bail was rejected on merit thrice by this Court vide order dated 16.01.2015, 29.07.2015 and 18.05.2015 passed in Criminal Miscellaneous Nos. 1379/2015, 20036/2015 and 16660/2016, respectively and in the present application also no new ground has been taken, as such, I am also not inclined to release the petitioner on bail. His prayer for regular bail is, accordingly, rejected. However, since the petitioner has been in custody since 29.05.2014, learned trial court is directed to expedite the trial and try to conclude it as early as possible even by conducting the same on day to day basis.

Senior Superintendent of Police, Patna is also directed to ensure production of witnesses on day to day basis. Further learned Trial Court is directed to submit a progress report of the case on each month to this Court. The aforesaid directions must be complied with strictly by Senior Superintendent of Police, Patna and also by the Trial Court.

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