Ganesh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23839 of 2016 Arising Out of PS.Case No. -311 Year- 2014 Thana -MANER District- PATNA ======================================================
1. Ganesh Rai son of Dipti Rai resident of Village- Sherpur, Police StationManer, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shabhir Ahmad, Mr. Shambhu Sharan Singh, Advocates For the Informant : Mr. Jitendra Kumar Singh, Advocate. For the State : Mr. Binod Kumar No.3(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 03-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in Maner P.S. Case No.311 of 2014 instituted for the offences under Sections 302, 364, 201 and 120(B) of the Indian Penal Code.
Earlier this Court vide orders dated 15.6.2015 and 24.2.2016 passed in Cr. Misc. No. 16679 of 2015 and Cr. Misc. No.54708 of 2015 rejected the prayer for bail of the petitioner and in both the orders different paragraphs of the case diary have been mentioned.
Learned counsel for the petitioner has placed reliance on paragraph nos. 12, 54 and 73 of the case diary where three
Patna High Court Cr.Misc. No.23839 of 2016 (3) dt.03-08-2016 different co-ccused persons have made confessional statement. He has also placed reliance on paragraph 57 of the case diary.
This Court has already called for a report from the trial court which has been received. In the report it has been mentioned that out of 12 prosecution witnesses 9 witnesses have already been examined and only three witnesses have to be examined. He further placed reliance on the two orders of this court by which co-accused have been granted bail and submits that petitioner has better case than the said two persons.
As only three witnesses have to be examined, this Court is not inclined to enlarge the petitioner on bail. Accordingly the prayer for bail is rejected. However, the trial court is directed to conclude the trial within a period of three months from the date of receipt/production of a copy of this order.
(Shivaji Pandey, J) Vinay/- U T