Patna High CourtCR. MISC./5159/2017rejected

Pramod Ojha @ Pramod Kumar Ojha v. The State Of Bihar

2017-03-01Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5159 of 2017 Arising Out of PS.Case No. -32 Year- 2015 Thana -BIHIYA District- BHOJPUR ====================================================== Pramod Ojha @ Pramod Kumar Ojha, Son of Vijay Kumar Ojha, Resident of Village- Karja, P.S.- Behiya, District- Bhojpur at Ara (Bihar). .... .... Petitioner

Versus

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

For the Petitioner : Mr. Abhay Kumar Pandey, Advocate.

For the Opposite Party : Mr. B.N. Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-03-2017 Heard both sides.

The petitioner seeks bail in Sessions Trial No. 175 of 2015, arising out of Bihiya P.S. Case No. 32 of 2015, registered for the offences punishable under Section 302 and other Sections of the Indian Penal Code and under Section 27 of the Arms Act. Learned counsel for the petitioner submits that prayer for bail of the petitioner was earlier rejected vide order dated 21.09.2015 passed in Cr. Misc. No. 22026 of 2015 and by the Supreme Court on 09.05.2016 in Special Leave to Appeal (Crl.) No. 10850 of 2015. It is further submitted that the trial has not yet been concluded and only nine witnesses have been examined. Learned counsel for the informant as well as learned APP however opposed the prayer for bail of the petitioner.

Patna High Court Cr.Misc. No.5159 of 2017 (2) dt.01-03-2017 2/2 Considering the facts aforesaid and the facts that there is very specific allegation against the petitioner and the trial is in progress, I am not inclined to enlarge the petitioner above named on bail. Accordingly, the same is rejected.

The trial court is directed to hold the trial on day-to-day basis and conclude the same within six months from the date of receipt of this order. The S.P., Ara is directed to ensure the attendance of all the non-examined witnesses in court so that the trial must be concluded within six months.

(Prabhat Kumar Jha, J.) KKSINHA/- U T