Patna High CourtCR. MISC./64269/2021disposed

Chintu Kumar @ Mantu Kumar v. The State Of Bihar

2021-12-22Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64269 of 2021 Arising Out of PS. Case No.-180 Year-2019 Thana- RAMPUR District- Gaya ====================================================== CHINTU KUMAR @ MANTU KUMAR S/o Baran Das @ Badan Das R/o village- Chakand, P.S.- Chakand, District- Gaya ... Petitioner

Versus

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

For the Petitioner :

Mr. Satish Kumar, Adv.

For the Opposite Party :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-12-2021 Heard Mr. Satish Kumar, learned Advocate for the petitioners and Mr. Sanjay Kumar Tiwary, learned Additional Public Prosecutor for the State.

The petitioner seeks bail during the pendency of trial. His prayer for bail was earlier rejected by an order dated 19.03.2020 passed in Cr. Misc. No. 79129 of 2019. Learned counsel for the petitioner has submitted that all the witnesses who have been examined uptil now in the trial have gone hostile and there is no possibility of conviction of the petitioner.

Under the aforesaid circumstances, he has prayed that he be directed to be released on bail during the pendency of the trial.

For the reason of the nature of accusation against him, I am not inclined to release the petitioner on bail during the

Patna High Court CR. MISC. No.64269 of 2021(2) dt.22-12-2021 2/2 pendency of trial.

If all the witnesses have been examined and they have not supported the prosecution version, the law will take its own course.

This Court can only direct the trial Court to conclude the trial positively within a period of three months, failing which it would be open for the petitioner to approach the trial Court for grant of bail. In that event the trial Court would be required to state the reasons for non-conclusion of the trial even when most of the witnesses till date have been examined and have not supported the prosecution version.

(Ashutosh Kumar, J) Shamshad/- U T