Patna High CourtCR. MISC./56757/2017rejected

Uttam Choudhary v. The State Of Bihar

2017-11-22Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56757 of 2017 Arising Out of PS. Case No.-62 Year-2014 Thana- AGIAUN District- Bhojpur ====================================================== Uttam Choudhary, Son of Lallan Choudhary, resident of Mohalla- Mandura, P.S.- Agiaon, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dharmendra Kumar Singh For the Opposite Party/s :

Mr. SRI AHMAD ALI ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner wants to renew his prayer of bail, which was earlier rejected twice vide order dated 15.03.2016 and 15.02.2017 passed in Cr. Misc. No. 2526 of 2016 and 3599 of 2017, on the ground that the petitioner is in custody since 27.06.2014, other co-accused in this case have already been allowed bail, co-accused Anil Chaudhary whose prayer of bail was rejected has also been allowed bail vide order dated 20.07.2016 passed in Cr. Misc. No. 51167 of 2015 and as such the petitioner deserves sympathetic consideration. The room from where the dead body was recovered was not in possession of the petitioner and further the trial has not been concluded within six months.

Patna High Court Cr.Misc. No.56757 of 2017(2) dt.22-11-2017 2/2 Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, finding no good ground for reconsideration of the prayer of bail of the petitioner, again his such prayer stands rejected. However, considering the period of detention, the trial court is directed to expedite the trial and conclude the same as early as possible, preferably within three months from the date of receipt/production of a copy of this order, failing which, the petitioner, if at no fault may be at liberty to renew his prayer of bail.

(Jitendra Mohan Sharma, J) avin/- U T