Patna High CourtCR. MISC./21830/2017rejected

Binod Das v. The State Of Bihar

2017-07-05Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21830 of 2017 Arising Out of PS.Case No. -129 Year- 2015 Thana -KADWA District- KATIHAR ====================================================== Binod Das, Son of Ranjeet Das, Resident of Village- Buraiya, P.S. Kadwa, District- Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner : Mr. Md. Musowir, Advocate For the Opposite Party : Mr. Dr. Ajeet Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-07-2017 Heard learned counsel for the petitioner and the learned counsel representing the State.

The petitioner wants to renew the prayer of bail which was earlier rejected vide order dated 22.06.2016 passed in Cri. Misc. No. 5907 of 2016, on the ground that the petitioner is suffering in custody since 07.10.2015, there is contradiction in the statement of the complainant as made in the complaint petition from further statement and the statement recorded under Section 164 Cr.P.C. The trial has not been concluded within nine months as granted by this Court and, as such, the petitioner deserves sympathetic consideration.

The learned A.P.P. opposes the prayer of bail. In the facts and circumstances stated above, at

Patna High Court Cr.Misc. No.21830 of 2017 (2) dt.05-07-2017 2/2 present, finding no good ground for reconsideration of prayer of the bail, again prayer of the bail of the petitioner stands rejected in connection with Kadwa P.S. Case No. 129 of 2015 (G.R. No. 2645 of 2015) pending in the court of learned A.D.J.-I, Katihar. However, considering the detention of the petitioner, let the trial be expedited and concluded as early as possible preferably within four months, from date of receipt/production of a copy of this order, failing which if the petitioner at no fault, may be at liberty to renew his prayer for bail.

(Jitendra Mohan Sharma, J.) Rajiv/- U T