Awadhesh Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54750 of 2019 Arising Out of PS. Case No.-291 Year-2015 Thana- BARHARA District- Bhojpur ====================================================== AWADHESH BIND Son of Parojan Bind Resident of Village- Mahudahi, Bind Toli, P.S.- Barahara, District- Bhojpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dharmesh Kumar Shrivastava For the Opposite Party/s :
Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-11-2019 Heard learned counsel for the parties.
The petitioner has renewed his prayer for bail in a case registered for the offences punishable under Sections 302/34 of the IPC.
The prosecution case is that co-accused Jai Ram Bind and Binder Bind caught hold of Parmeshwar Bind alias Dugu Bind, the son of the informant and the petitioner assaulted with knife resulting into the death of Parmeshwar Bind.
It appears from the report of the learned 8th Additional Sessions Judge, Bhojpur at Ara that all the witnesses except the IO have been examined and in spite of several reminders to the S.P., Bhojpur, the I.O. is not being produced. Considering the present stage of the trial, this Court is not inclined to grant bail to the petitioner in connection with
Patna High Court CR. MISC. No.54750 of 2019(3) dt.20-11-2019 2/2 Barahara P.S. Case No. 291 of 2015 pending in the Court of the learned Sessions Judge, Bhojpur at Ara. Prayer of the petitioner for bail is rejected. However, the petitioner will be at liberty to renew his prayer for bail in case the trial is not concluded within nine months.
It is expected from the S.P., Bhojpur to get the I.O. produced before the learned trial court for examination within a period of fifteen days from the date of receipt/production of a copy of this order. In the case the I.O. concerned is not produced within the stipulted time, the S.P., Bhojpur shall remain present in Court on 17th December, 2019.
Let a copy of this order be transmitted to the S.P., Bhojpur. (Dinesh Kumar Singh, J) anil/- U