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Patna High CourtCR. MISC./9964/2016rejected

Kailash Mahato v. The State Of Bihar

2016-07-27Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9964 of 2016 Arising Out of PS.Case No. -168 Year- 2015 Thana -BARAULI District- GOPALGANJ ====================================================== Kailash Mahato son of Late Harinandan Mahto, resident of village- Pipra, P.S.- Barauli, District- Gopalganj .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Parijat Saurav, Advocate For the Opposite Party/s : Mr. Nirmal Kr.Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 27-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections 420, 272, 273, 467, 468, 471, 308 of the Indian Penal Code and Section 47(a) of the Excise Act.

The trial court has reported that charge has been framed against the petitioner on 14.3.2016 and summonses have already been issued but up till now not a single prosecution witness could be examined.

Taking note of the report of the learned court below as well as grounds taken by me in order dated 7.12.2015 passed in Cr. Misc. No.54224 of 2015, again, I am not inclined to release the petitioner on bail and hence, his prayer for bail in connection with

Patna High Court Cr.Misc. No.9964 of 2016 (3) dt.27-07-2016 2/2 Sessions Trial No.105 of 2016 arising out of Barauli P.S. Case No.168 of 2015 pending in the court of Sessions Judge, Gopalganj stands rejected. However, if the trial of the petitioner is not concluded within four months from the date of receipt/production of a copy of this order, the petitioner may renew his prayer for bail before the trial court itself and in that event, the trial court shall consider the prayer for bail of the petitioner without being prejudiced by this rejection order.

(Hemant Kumar Srivastava, J) N.H./- U T