Patna High CourtCR. MISC./44434/2016rejected

Sunil Chaurasiya @ Sunil Kumar Chaurasia v. The State Of Bihar

2016-10-19Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44434 of 2016 Arising Out of PS.Case No. -5 Year- 2014 Thana -SIMRI District- BUXAR ======================================================

1. Sunil Chaurasiya @ Sunil Kumar Chaurasia son of Rameshwar Chaurasiya resident of Village - Balihar, Police Station - Simri, District - Buxar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Vinod Kumar For the Opposite Party/s : Mr. Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-10-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner wants to renew his prayer for bail which was earlier twice rejected vide order dated 04.09.2015 and 11.05.2016 passed in Cri. Misc. No. 47132 of 2014 and 18646 of 2016 respectively, on the ground that the petitioner is suffering in custody since 09.01.2014 and liberty was given to the petitioner to renew his prayer for bail if the trial court is not concluded within four months and only up till now two prosecution witnesses have been examined and in near future the trial is not likely to be concluded. Other co-accused Md. Maksood Ansari who was also apprehended in scorpio has been allowed bail vide order dated

Patna High Court Cr.Misc. No.44434 of 2016 (2) dt.19-10-2016 2/2 30.3.2016 passed in Cri. Misc. No. 56768 of 2015 by another coordinate Bench of this court to which learned A.P.P. opposes by submitting that the petitioner has got criminal antecedent besides, the recovery of 6 kg 300 grams ganja from scorpio, again 10 kg Ganja was recovered from the house of the petitioner also. In the facts and circumstances stated above, finding no good ground for reconsideration of prayer of bail, again prayer of bail of the petitioner stands rejected.

However, the trial court is directed to conclude the trial within four months from the date of receipt/production of a copy of this order failing which the petitioner, if at no fault, will be at liberty to renew his prayer for bail.

(Jitendra Mohan Sharma, J) siddharth/-avin U T